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Posts Tagged: 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 for a license in the first place Currently however that is the…

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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 and potentially unwind the patent reform gains made by Seagate is the…

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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 Seagate and Bard Peripheral Vascular v W L Gore but that recent…

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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 on lost profits makes it extremely difficult for a patentee to prevail…

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According to data from Lex Machina in average patent infringement awards increased and median patent infringement awards increased when compared with infringement damages awards during The question for in-house attorneys as well as for plaintiffs attorneys is whether this…

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Professor Paul Janicke of the University of Houston Law School conducted a study of all damage verdicts in patent infringement cases between and He found no pattern of runaway jury awards In fact many of the biggest damage awards…

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A Manhattan federal jury recently ordered Nintendo Co Ltd to pay Tomita Technologies International Inc Tomita over million in damages in a patent infringement case that concerned certain D technologies Tomita which originally filed the claim against Nintendo back…

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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 courts over a period three years whether or not you can have…

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On Friday March Judge Lucy Koh handed down her decision regarding various motions that were filed on behalf of Apple Inc Apple and Samsung Electronics Co Samsung over the past few months post-trial Specifically Apple requested additur supplemental damages…

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In January Taiwan s InnoLux Corp filed an appeal with the Federal Circuit requesting the Court to overturn an award of enhanced post-judgment ongoing royalties that appeared to be enhanced at least in part because the trial judge took…

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The relative paucity of design patent jurisprudence regarding the legal remedy of damages and the equitable remedy of an accounting for the infringer s profits makes clear that while an award of damages for patent infringement may be enhanced…

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How anyone with even the most fundamental understand of property rights and economics could say that infringing a patent does not result in a tangible injury is beyond me Is he unfamiliar with the concept and real world practice…

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