Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged damages · clear
OMEGA PATENTS, LLC v. CALAMP CORPORATION Before Prost, Dyk, and Hughes. Appeal from the United States District Court for the Middle District of Florida. Summary: Licensing policies that allow use of any or all of a bundle of patents for a single per-unit…
LUBBY HOLDINGS LLC v. CHUNG Before Dyk, Newman, and Wallach. Appeal from the Central District of California. Summary: Specific charges of infringement by a specific accused product are required to provide actual notice under 35 U.S.C. § 287 and…
MLC INTELLECTUAL PROPERTY, LLC v. MICRON TECHNOLOGY, INC. Before Newman, Reyna, and Stoll. Appeal from the United States District Court for the Northern District of California. Summary: When relying upon lump sum payments in a prior license agreement to…
BAYER HEALTHCARE LLC v. BAXALTA INC. Before Newman, Linn, and Stoll. Appeal from the District of Delaware. Summary: In upholding a $173 million dollar award, the Federal Circuit permitted a damages expert to present a range of reasonable potential royalty…
Arctic Cat Inc. v. Bombardier Recreational Prods. Inc. Before Lourie, Moore, and Stoll. Appeal from the Southern District of Florida. Summary: To recover pre-complaint damages for infringement after sales of unmarked products have occurs a patentee must…
Federal Circuit Summary Before Newman, Hughes, and Stoll . Appeal from the United States District Court for the Northern District of California. Summary : Reasonable royalty patent damages cannot include a royalty for sales of non-accused products. Enplas…
Federal Circuit Summary Before Dyk , Clevenger, and Chen. Appeal from the United States District Court for the Northern District of California. Summary : In order to rely on the entire market value rule to calculate damages, a patentee must prove that the…
Patent Judgments & Awards In April 2018, a jury in the Eastern District of Texas awarded VirnetX Inc. (“VirnetX”) a total of more than $500,000,000 in its patent infringement suit against Apple Inc. (“Apple”). The four…
Federal Circuit Summary Before Dyk, Bryson, and Taranto . Appeal from the United States District Court for the Eastern District of Texas. Summary : A plaintiff has no 7th Amendment right to a jury trial for a claim for disgorgement of profits for trade…
On March 22, 2018, a Texas federal court awarded patent infringement damages totaling over $8 million and ongoing royalties in a case involving multiple patents related to voice over IP technology. The damages award is based on a jury trial that was…
