Posts Tagged: patent damages


Will the Supreme Court Save Apple from Itself?

The victory, if it stands, will encourage more design patent infringement claims, and Apple will likely find itself defending against similar suits in the not so distant …
By Joshua Wolson 19 days ago 4

The Year in Patents: The Top 10 Patent Stories from 2015

It is that time once again when we look back on the previous year in preparation to close the final chapter in order move fresh into the …
By Gene Quinn 1 month ago 0

History Repeating Itself at the Supreme Court

The Supreme Court recently decided to review a pair of cases that challenge the Federal Circuit’s willful infringement test. The two cases, Halo Electronics, Inc. v. …
By Alex M. Grabowski 4 months ago 1

Will the Supreme Court bring balance back to the patent market?

Patent damages generally, and enhanced damages specifically, are a patent political powder keg because there are so many corporations that are users of technology. These technology using, …
By Gene Quinn 4 months ago 23

SCOTUS takes case on awarding enhanced damages for patent infringement

The United States Supreme Court accepted certiorari in two patent cases, which will require the court to determine whether district court judges should have discretion to award …
By Gene Quinn 4 months ago 5

CAFC: Reasonable royalty in design infringement only if greater than infringer’s total profits

Damages for infringement of a design patent can be recovered for the greater of: (1) total profits from the infringer’s sales under 35 U.S.C. § 289, (2) damages in …

Federal Circuit Affirms $15 Million Damages Award Against Samsung

Summit 6 LLC (“Summit”) sued Samsung Electronics Co. Ltd. and Samsung Telecommunications America, LLC (collectively “Samsung”) and others alleging infringement of U.S. Patent No. 7,765,482 (“the ’482 patent”), which …

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 …
By Bruce Berman 6 months 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 …

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 …
By Ronald K. Fierstein 10 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 …
By Gene Quinn 12 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 …
By Louis Foreman 1 year ago 7