In a significant win for Arnold & Porter client Innovention Toys, LLC (Innovention), the Federal Circuit affirmed a lower court decision ordering MGA Entertainment Inc. (MGAE) to pay $4.2 million in damages and $2 million in attorney fees to Innovention over a patent dispute.
The dispute involved Innovention's strategy-based board game, Khet, which uniquely uses laser technology. MGAE created a similar game, Laser Battle, and used its superior size to displace Innovention in the market, making sales to co-defendants Walmart and Toys "R" Us, among others. In a 2012 jury trial, Arnold & Porter successfully obtained a judgment including willful infringement, treble damages and attorney fees. After years of appeals and decisions, Arnold & Porter last week secured an enhanced damages award in one of the first cases decided after remand under the landmark decision Halo v. Pulse.
The Silicon Valley-based Arnold & Porter team included Intellectual Property partner David Caine, counsel Tom Carmack, and associate Michael Nguyen.