LITIGATION NOTE: Crowell & Moring Client Siemens Mobility Inc. Awarded $6.7 Million in IP Suit

Washington – January 25, 2019: Siemens Mobility Inc. was awarded nearly $6.7 million in damages today in a federal jury trial on claims that some of Wabtec Corp.’s “positive train control” products infringed eight Siemens patents.

The suit revolved around patents associated with automated PTC systems that together slow or stop trains when not operating safely and monitoring of end of train devices used in every train. Siemens argued that Wabtec had incorporated key patented features into their rail safety devices and systems now used by railroads to comply with federal orders for a multi-billion dollar, nationwide safety upgrade.

Jurors found direct and contributory infringement for all eight patents, including willful infringement of two of Siemens patents. Later court proceedings will determine the enhanced damages award for the two willful infringement findings, which could involve up to triple damages.

Crowell & Moring represented Siemens Mobility Inc. as lead counsel in the matter. The team included partners Mark Supko, and Kathryn L. Clune; counsel Vincent J. Galluzzo, Jacob Z. Zambrzycki, Scott Bittman, and Ali Tehrani; associates Joshua M. Rychlinski and Siri Rao; paralegals April Marconi and Emily Johnson, with additional support from local counsel Morris Nichols Arsht & Tunnell LLP’s Karen Jacobs and Stephen Kraftschik.

The case is Siemens Mobility Inc. v. Westinghouse Air Brake Technologies Corp. and Wabtec Railway Electronics Inc., case number 16-00284, in the U.S. District Court for the District of Delaware.