Polygroup Ltd. has petitioned the full U.S. Court of Appeals for the Federal Circuit to reconsider a panel decision that upheld a $71.4 million judgment against it for infringing Willis Electric Co. Ltd.’s patent on pre-lit artificial Christmas trees. The company contends that the decision undermines established principles of damages apportionment.
In February 2026, a Federal Circuit panel affirmed the lower court’s ruling, which found that Polygroup willfully infringed Willis Electric’s U.S. Patent No. 8,454,186. This patent pertains to pre-lit artificial trees featuring modular trunk sections that connect both mechanically and electrically, allowing for assembly without regard to rotational orientation. The panel rejected Polygroup’s arguments that the patent was invalid and that the damages awarded were improperly calculated. ([law360.com](https://www.law360.com/articles/2442396?utm_source=openai))
The original jury verdict in January 2024 awarded Willis Electric $42.4 million in damages. The district court subsequently increased the judgment to over $71.4 million, including interest. ([linkedin.com](https://www.linkedin.com/posts/robinskaplanllp_on-february-17-2026-the-us-court-of-appeals-activity-7430287186312380416-8S2T?utm_source=openai))
Polygroup’s petition for en banc review argues that the panel’s decision conflicts with the Federal Circuit’s established standards for damages apportionment. The company asserts that the ruling could have broader implications for how damages are calculated in patent infringement cases, particularly concerning the valuation of patented features within complex products.
Willis Electric maintains that the jury’s damages award was based on a reasonable royalty rate, supported by expert testimony and consistent with legal standards. The company emphasizes that the Federal Circuit panel found substantial evidence to support the jury’s findings on both infringement and damages. ([ipwatchdog.com](https://ipwatchdog.com/2026/02/18/cafc-affirms-42-5-million-patent-infringement-verdict-pre-lit-christmas-tree-dispute/?utm_source=openai))
The Federal Circuit has yet to decide whether it will grant Polygroup’s request for en banc review. If granted, the full court would re-examine the case, potentially leading to a reassessment of the damages awarded and the legal principles applied in determining them.