Airwick Industries, Inc. v. Sterling Drug Inc.
District Court, D. New Jersey · 1989-07-14 · cited 2×
The case was a patent infringement action brought by Airwick against Sterling over the '449 Patent for a powdered carpet deodorizer composition, which was stayed pending reissue proceedings in the PTO. After the PTO Board of Appeals and the Federal Circuit ruled the claims unpatentable under 35 U.S.C. § 102(b) due to public use, among other grounds, Airwick disclaimed the patent, mooting its infringement claims. Sterling pursued counterclaims including for attorney fees based on alleged inequitable conduct and bad faith litigation, as well as unjust enrichment from misappropriation of trade secrets. Following a non-jury trial, the court awarded Sterling $850,623.36 in attorney fees, costs, and interest, finding the award justified, while entering judgment for Airwick on the remaining counterclaims and dismissing others as moot.