Judge Denies Generac Request for New Trial in Patent Infringement Case Against Kohler

MILWAUKEE -- March 11 -- A judge last week denied Generac Power Systems Inc.’s request for a new trial in a patent infringement case the company brought against Kohler Co. in late 2011.

The decision by U.S. District Court Judge J.P. Stadtmueller upheld a jury verdict in favor of Kohler and its distributor, Total Energy Systems LLC, and rejected post-trial motions filed by Generac, according to court documents and a Kohler press release.

Generac had claimed Kohler infringed on a patent related to control systems on generator sets. The court found one of Generac’s claims invalid prior to trial, and the jury later determined that Kohler and TES did not infringe on Generac’s patent, and that the “remaining asserted claim of the patent was invalid,” Kohler said.

The court last week denied Generac’s post-trial motions seeking a “judgment as a matter of law” and a new trial, court documents show.

Kohler Power Systems president Larry Bryce said in a written statement that the company is grateful for the outcome of the litigation and hopes the ruling means “the matter is put to rest.”

“While we are disappointed with the jury’s findings in this particular case, we will remain diligent in aggressively protecting our company’s intellectual property rights,” said Aaron Jagdfeld, Generac president and CEO, in a written statement to The Business Journal. “As we evaluate our options to appeal this particular decision, we will also turn our attention to yet another pending case regarding the infringement by Kohler of a Generac patent.”

Generac is a Genesee-based generator and engine-powered products manufacturer.

Kohler is a Kohler-based privately held company whose products include standby generators.

Jeff Engel     www.bizjournal.com