Posts Tagged: patent damages


The Case that Launched 10,000 Patent Suits

The Polaroid-Kodak dispute involved patents covering instant photography, which at the time was among the most valuable technologies. It was the case that launched 10,000 patent suits, many …
11 days ago 4

Litigation Formulated Invalidity Challenge Can Prevent Enhanced Damages for Willful Infringement

Carnegie Mellon University (CMU) sued Marvell Technology Group for infringing two patents related to a detector for reading data stored on hard-disk drives. A jury returned a …
20 days ago 0

Polaroid v. Kodak, Still the Champ

Of course, the substantial victories won by Bard and Apple do not match Polaroid’s in another very significant way. Polaroid was successful in securing an injunction …
5 months ago 6

Pro-patentee Patent Reform, the STRONG Patents Act Introduced in Senate

The STRONG Patents Act appears to be overwhelmingly favorable to innovators and patent owners. This legislation stands in stark contrast with the Innovation Act submitted in the …
6 months ago 8

District Courts should have more discretion to enhance patent damages

Infringers should not be able to arrogantly and recklessly violate patents for years but ultimately pay only the same amount they would have paid the patent owner …
7 months ago 7

Halo v. Pulse – Progress on Willful Infringement Law at Risk?

While there are several facets of willful infringement law that the Halo concurrence would have the full court reconsider, the one that could have the greatest impact, …
7 months ago 2

Patent Reform Dead if CAFC Reviews Willfulness En Banc

In a concurring opinion, Judge O’Malley, who was joined by Judge Hughes, wrote that she felt constrained by the Federal Circuit’s precedent in In re …
10 months ago 2

Increasing Patent Damages: A Discussion with Mark Lemley

The way that many plaintiffs argue damages has always amazed me, and this shift to reasonable royalties at least somewhat vindicates my long held position. The law …
1 year ago 1

Patent Litigation Damages Awards: Trends, Strategies & Tactics

According to data from Lex Machina, in 2013, average patent infringement awards increased 28% and median patent infringement awards increased 22% when compared with infringement damages awards during 2012. The question …
1 year ago 2

The ITC and Excessive Patent Damages Myths

Professor Paul Janicke of the University of Houston Law School conducted a study of all damage verdicts in patent infringement cases between 2005 and 2007. He found no pattern …
1 year ago 0

Manhattan Jury Orders Nintendo to Pay $30 Million for Patent Infringement

A Manhattan federal jury recently ordered Nintendo Co. Ltd. to pay Tomita Technologies International, Inc. ("Tomita") over $30 million in damages in a patent infringement case that concerned …
2 years ago 1

Chief Judge Rader on the Supreme Court and Judge Posner

Rader: "I come from the commercial law area where to tell the CEO that “well I’m going to have to balance several factors and ask three …
2 years ago 14