Posts Tagged: enhanced damages


Judge Awards Enhancement of Damages to $268 Million in Cochlear Implant Patent Case

“While the jury’s $130 million verdict is significant and may sound large in the abstract, it may not be enough without enhancement to deter infringing conduct given …
By Steve Brachmann
21 days ago 8

Apple to pay VirnetX $93.4 million in costs and interest for patent infringement

On Monday, September 25th, Zephyr Cove, NV-based patent owner VirnetX Holding Corporation filed a Form 8-K with the U.S. Securities and Exchange Commission (SEC) regarding an …
By Steve Brachmann
2 months ago 5

Rapid changes in the Chinese legal system, an increasingly attractive venue for IP litigation

For many years, foreign companies were reluctant to seek and enforce intellectual property protection in China.  A combination of challenging litigation with low damages, the lack of …
By Jeffery Langer
7 months ago 1

Universal Entertainment Accuses Founder of Directing Patent Infringement Through American Subsidiary for Personal Gain

Japanese gaming firm Universal Entertainment Corporation (TYO:6425) filed a complaint alleging patent infringement and other claims against Las Vegas, NV-based entity Aruze Gaming America as well as …
By Steve Brachmann
8 months ago 0

CAFC says PTO Reexamination Should Not Preclude Validity Challenges at District Court

Along with the willfulness finding, the Federal Circuit also overturned findings of no invalidity on a patent that had already survived multiple reexaminations at the U.S. …
By Steve Brachmann
11 months ago 10

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 …

All patent infringement is willful patent infringement

The reality created by eBay in light of the AIPA is simple: If you scrape an invention off the USPTO website and massively commercialize it, you get …

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
1 year ago 3

Idenix v. Gilead: District Court Exercises Discretion to Deny Enhanced Damages

Idenix Pharmaceuticals LLC v. Gilead Pharmaceuticals, Inc., C.A. No. 14-846-LPS (Delaware Dist. Court, Sept 22, 2017) (“Idenix v. Gilead”), is a good example of the exercise of …

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
1 year ago 0

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

Federal Circuit affirms patent owner victory of lost profits, enhanced damages

The standards for overturning a jury verdict and Court’s award of enhanced damages are high. The legal standard regarding lost profits is not limited to one …

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

Halo v. Pulse: CAFC Dismisses Premature Appeal of Pending Judgment Interest Award

The Court first addressed whether the district court’s decision awarding Halo pre- and post-judgment interest and ordering the parties to either file a stipulation on the …

Litigating Willful Patent Infringement in a Post-Halo World

After Halo, courts appear to be breathing new life into claims for willful patent infringement and enhanced damages claims. In fact, since Halo’s new standard took …

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