Posts Tagged: patent damages


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
8 days ago 2

Supreme Court Eliminates Key Defense in Many Patent Infringement Suits

In a strong reversal of the Federal Circuit, the US Supreme Court held in SCA Hygiene Products Aktiebolag v First Quality Baby Products, LLC, No. 15-927 (March 21, 2017), …
By Rob Kramer & Joel Bock
4 months ago 0

Mentor Graphics v. Synopsys: Affirmed-in-Part, Reversed-in-Part, Vacated-in-Part, and Remanded

Various Synopsys parties and EVE-USA, Inc. (collectively “Synopsys”) sued Mentor Graphics, seeking a declaration that Mentor’s ’376, ’531, and ’176 patents were invalid and not infringed. Mentor counterclaimed for …

The Transformation of the American Patent System: Adverse Consequences of Court Decisions

Activist Supreme Court decisions in the last decade have been principally responsible for these changes, stimulated by aggressive technology company incumbent lobbying. The combination of these decisions …
By Neal Solomon
6 months ago 22

Supreme Court: Term ‘article of manufacture’ encompasses both a product sold to a consumer and a component of that product

The relatively short opinion by Supreme Court standards – just over eight pages – puts it simply: “The text resolves this case. The term ‘article of manufacture,’ as used …
By John M. Rogitz
8 months ago 2

Supreme Court overturns $400 million Apple verdict against Samsung in smartphone design patent infringement case

On Tuesday, December 6, 2016, the U.S. Supreme Court issued a decision in Samsung Electronics Co. v. Apple which found by a unanimous 8-0 vote that a damages …
By Gene Quinn & Steve Brachmann
8 months ago 14

A Patent Year in Review: Looking back on 2016, Forecasting for 2017

It is that time once again when we look back on the previous year in preparation to close the final chapter on 2016 and to look ahead toward 2017. …
By Gene Quinn
8 months ago 1

Common sense by design: Form, function and the way forward as charted by the Supreme Court

The Supreme Court need not wait for Congress to act. This is a case of first impression in interpreting the provision. Guided by its own law on …
By Professor Daryl Lim
9 months ago 4

FREE WEBINAR: Samsung v. Apple: Is a single patent infringement worth all the profit?

On Thursday, October 20, 2016, from 2pm to 3pm ET, Gene Quinn will host a free webinar discussion that will explore the genesis of the patent battle between Apple …
By Gene Quinn
9 months ago 0

Briefs supporting Life Technologies draw battle lines in battle over extraterritorial application of US patent laws

The U.S. government weighs in on Life Technologies’ side because “the application of U.S. patent law to participation by U.S. exporters in foreign markets …
By Edward Kwok
9 months ago 2

EDTX triples damages award against Samsung due to false testimony, discovery violations

The court decided to award enhanced damages in this case because of egregious behavior on behalf of Samsung, including attempts to copy the technology and demonstrably false …
By Steve Brachmann
11 months ago 1

Halo v. Pulse and Stryker v. Zimmer: SCOTUS Finds Seagate Test Objectively Unreasonable

In rejecting the objective prong of Seagate, the Court rejected the notion that a defendant may escape the specter of enhanced damages by asserting a defense that …

Discretion Beats Out Bright Line Test for Enhanced Patent Damages: Halo v. Pulse

In last week’s Halo Elecs. v. Pulse Elecs. decision, the Supreme Court unanimously rejected the Federal Circuit’s Seagate standard for awarding enhanced damages in patent …
By Kara R. Fussner
1 year ago 2

The Supreme Court should follow their own Halo advice in §101 patent eligibility decisions

Essentially, the Supreme Court told the Federal Circuit that they needed remedial reading lessons. The statute is clear: “may” means district courts have discretion. The Supreme Court …
By Gene Quinn
1 year ago 16

Has the Supreme Court Breathed New Life into Patent Trolls in Halo and Stryker?

The chance of a court tripling damages for patent infringement has significantly increased. The Supreme Court, Halo Electronics, Inc. v. Pulse Electronics, Inc., et al. and Stryker …
By Chase Means
1 year ago 12