Posts in Patent Damages


For Design Patent Owners (and Alleged Infringers), The Third Time is Not a Charm

Ultimately, the jury’s large damage award might not be the lasting storyline of this case. Apple’s “victory” here shows that well-crafted design patents can offer …
By Michael Annis & Myers Dill
2 months ago 0

Entire Market Value Rule Inappropriate When Patented Feature Not Sole Driver of Customer Demand

Power Integrations, Inc. owns U.S. Patent Nos. 6,212,079 ("the '079 patent") and 6,538,908 ("the '908 patent"). Power Integrations sued Fairchild Semiconductor Corporation and Fairchild (Taiwan) Corporation (collectively "Fairchild") …

Industry Reaction to WesternGeco LLC v. ION GeoPhysical

We reached out to our distinguished panel of industry insiders, and the initial reaction is this decision is a clear win for patent owners. Efrat Kasznik: "The …
By Gene Quinn & Renee C. Quinn
3 months ago 0

Supreme Court win for Patent Owners on Lost Foreign Profits in WesternGeco v. ION Geophysical

Earlier today the United States Supreme Court issued a decision in WesternGeco LLC v. ION Geophysical Corp., which in a 7-2 decision ruled that a patent owner …
By Gene Quinn
3 months ago 12

Exmark: Reasonable Royalty Damages, Apportionment and Expert Opinions

While Exmark invites a more flexible approach to apportionment, allowing, at least in some cases, a focus on the royalty rate to value the patented invention, the …

SCOTUS to decide if lost profits can be awarded for infringement committed on high seas

The Supreme Court will hear WesternGeco LLC v. ION Geophysical Corp., which asks whether the Federal Circuit erred in holding that lost profits arising from prohibited combinations …
By Steve Brachmann
8 months ago 0

$48 Million Willful Infringement Award Vacated by Federal Circuit

Exmark Manufacturing was awarded $24 million in compensatory damages after a jury found that Briggs and Stratton infringed Exmark’s patent on a lawn mower with improved flow …

CAFC Denies Enhanced Damages and Lost Profits, Competitor Proves Intervening Rights

In determining indefiniteness of a claim based on a testing method referenced in the patent, courts will evaluate whether the method is well known in the art …

VirnetX wins nearly $440 million verdict against Apple, including willful infringement damages

On Monday, October 16th, the Internet security company VirnetX (AMEX:VHC) of Zephyr Cove, NV, announced the results of a patent litigation campaign it had pursued against …
By Steve Brachmann
11 months ago 3

Willful Infringement, Opinion Letters, & Post-Halo Trends

In one of the first district court cases to apply Halo, the Eastern District of Pennsylvania was confronted with a defendant who obtained a noninfringement opinion sometime …
By JD Wooten
12 months ago 0

Apple is trying to muddy design patent law in order to get its way

The Apple-Samsung case has dragged on for about six years so far, with no end in sight. The first case, involving design patents, has had a trial, …
By Matt Levy
12 months ago 4

A review of enhanced damages since Halo: Minimizing potential exposure to enhanced damages

Since the Supreme Court’s decision in Halo, there have been approximately 100 cases analyzing whether the adjudged infringer acted egregiously/willfully en route to a determination of …
By Theodore Chiacchio
1 year ago 0

Judge orders Apple to pay $506M to WARF over infringement of patented processor technology

Judge Conley ordered Apple to pay $506 million in damages to WARF for infringing on patents covering computer processing technologies. WARF’s original complaint, filed in January 2014, involved …
By Steve Brachmann
1 year ago 3

Stryker receives treble damages as part of $248.7M award after 2016 remand from SCOTUS

The final judgment and permanent injunction follows the U.S. Supreme Court’s decision last June in Stryker Corp. v. Zimmer Inc. (consolidated with Halo Electronics, Inc. …
By Steve Brachmann
1 year ago 2

The PTAB Killing Fields: VirnetX patents worth more than $1 billion in district court lost at PTAB

So obviously the patent claims VirnetX has used to pursue infringers such as Apple and Microsoft are not the weak patents that opponents of the patent system …

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