The Federal Circuit remanded the court's false marking fine of $500 so that the court could impose a separate fine for each article. On remand, the court recalculated damages at $180 per article. "[Plaintiff] sold the falsely-marked stilts at prices between $103.00 and $180.00. The Court finds that the appropriate fine in this case is $180.00 per article, the highest point of the price range. This will deprive [plaintiff] of more than it received for the falsely-marked stilts, fulfilling the deterrent goal of § 292’s fine provision."
The Forest Group Inc v. Bon Tool Company et al., 4-05-cv-04127 (TXSD April 27, 2010, Memorandum and Order) (Atlas, J.)