Susman Godfrey Client Green Mountain Receives Payment of $64.5 Million Final Judgment Following Jury Verdict in Patent Infringement Suit Against Ardagh Glass, Inc.

October 2019

Jury verdict of $50.5 million became a $64.5 million final judgment after interest

Susman Godfrey client Green Mountain Glass, LLC. has received payment of the final judgment secured by its victory in a patent infringement suit against Ardagh Glass, Inc. A Delaware federal jury in 2017 awarded Green Mountain $50.5 million, which was the 34th largest verdict overall and the fourth-highest IP verdict of 2017, according to the National Law Journal’s “Top 100 Verdicts of 2017.”  The Federal Circuit affirmed earlier this year. With interest, the total amount Green Mountain received exceeds $64.5 million.

This week the parties filed a Notice of Satisfaction of Judgment that Ardagh “has fully and completely satisfied the judgment,” which was entered by the court on October 10, 2019.

“We are grateful that the Federal Circuit affirmed the jury award,” said Susman Godfrey partner Justin A. Nelson, who served as lead trial counsel for Green Mountain. “Most of all, this victory is recognition for Green Mountain Glass, which had to fight long and hard against Ardagh to achieve this result. Green Mountain’s technology allows Ardagh to use more recycled bottles, thereby resulting in significant cost savings and huge benefits for the environment and clean air.”

The patent infringement suit brought by Susman Godfrey alleged Ardagh, formerly known as Saint-Gobain Containers, made use of technology patented by Green Mountain without licensing it. The technology enabled Ardagh to use recycled glass known as “mixed color cullet,” which provides significant cost savings on raw materials and energy, reduces emissions, and extends glass furnace life. A federal jury in Wilmington, Delaware, found Ardagh willfully infringed Green Mountain’s patent (No. 5,718,737) for the technology.

“Our client prevailed in what was a clear case of willful infringement,” added Susman Godfrey partner Matthew R. Berry, a member of the trial team.

“We are thrilled with this result against Ardagh, and are thankful for all those who helped us achieve this result,” said Anthony Lame, President of Green Mountain Glass. “It is a long-overdue acknowledgment of the importance of our technology to Ardagh and its predecessor company,”

In addition to Nelson and Berry, the Susman Godfrey trial team included associate John Schiltz. Farnan LLP served as local counsel in Delaware and attorneys from MoloLamken LLP represented Green Mountain before the Federal Circuit.