A federal judge in Worcester, Massachusetts has issued a final judgment of almost $3 million dollars in a patent infringement suit brought by Brine, Inc. against STX of
Baltimore, Maryland. In November 2003, a federal jury returned a verdict of willful patent infringement and damages for lost profits of $1.9 million in the same suit.
Brine had patented the Edge Offset(TM) Head lacrosse stick, a technological breakthrough in lacrosse. Brine charged and the jury found that Brine's patent had been infringed by STX's Proton, X2 and Octane lacrosse sticks. In addition to the damages and interest, the judge issued a permanent injunction against STX, which requires STX to
immediately stop selling its Proton, X2 and Octane lacrosse sticks.
Brine, based in Milford, Massachusetts, manufactures and
distributes lacrosse sticks, equipment, accessories, and apparel, as well as other sporting goods. In 1995, Brine introduced the line of Edge Offset(TM) Head lacrosse sticks with lowered sidewalls, which was an immediate commercial success. Two years later STX came on the
market with its first offset head. In 1999, Brine filed the patent infringement suit against STX in Federal Court.
After four years of preparation and a two-week trial, the jury found that STX had willfully infringed Brine's patent for lacrosse heads with lowered sidewalls. The jury awarded damages of 1.9 million dollars for lost
profits. On January 21, 2004 the judge denied STX's post-trial motion
to stay the injunction and issued the permanent injunction. Together
with pre-judgement interest, the award totals almost $2.9 million.
This award was among the top 10 in the state of Massachusetts in 2003.
“The permanent injunction issued by the judge requiring STX to
immediately stop selling its Proton, X2 and Octane lacrosse sticks is
very important for Brine,” states John Mirick, a partner at Mirick
O'Connell and the chief trial attorney on this case. “The Edge
Offset(TM) Head has had a tremendous impact on the game of lacrosse.
The final judgment recognizes and protects Brine's unique design.”
“We are pleased by the outcome of this trial,” commented Sean Fox,
the President of Brine. “The Edge Offset(TM) Head is a specialized
feature that truly revolutionized the game of lacrosse. This
breakthrough technology was developed and patented by Brine and should
not be copied without our permission. We are pleased that the court
has honored Brine's exclusive rights granted by the patent and that
the judge has permanently enjoined any further sales by STX.”