Posts Tagged: willful infringement


Makers of Popular Bakugan Toy Files Patent Infringement Suit over Transformable Toys

The technology covered by the ‘073 patent has been incorporated into the series of Bakugan rollable toys developed by Spin Master and released in 2007 in conjunction with the …
By Steve Brachmann
3 days ago 0

Spotify Sued by Music Publishing Company for Unauthorized Use of Thousands of Songs

The world’s biggest music streaming service, Spotify, has recently been sued by Wixen Music Publishing for allegedly using thousands of songs without a license and compensation …
By Amanda G. Ciccatelli
24 days ago 1

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
27 days ago 10

$48 Million Willful Infringement Award Vacated by Federal Circuit

Exmark Manufacturing was awarded $24 million in compensatory damages after a jury found that Briggs and Stratton infringed Exmark’s patent on a lawn mower with improved flow …

Patent Killing Fields of the PTAB: Erasing Federal District Court Verdicts on Patent Validity

Supporters of the Patent Trial and Appeal Board (PTAB) continue to claim that the facts and figures showing the PTAB is overruling Article III federal district court …

HoloTouch Claims Microsoft Willfully Infringing Holographic, Human-Machine Interface Patents

HoloTouch, Inc. filed a lawsuit asserting willful patent infringement claims against Redmond, WA-based tech giant Microsoft Corporation (NASDAQ:MSFT). Filed in the Southern District of New York, …
By Steve Brachmann
2 months ago 2

Telebrands loses $12.3 million verdict for willful patent infringement of Bunch O Balloons

On November 21st, a jury verdict entered in the Eastern District of Texas awarded $12.3 million in damages to Tinnus Enterprises and ZURU Ltd. in a patent infringement …
By Steve Brachmann
3 months ago 17

Daimler trademark lawsuit alleges that Amazon.com doesn’t do enough to prevent infringement and counterfeits

At issue in the trademark infringement suit is Amazon’s sale of counterfeit wheel center caps bearing distinctive Mercedes-Benz trademarks... Daimler argues that Amazon “facilitates the sale …
By Steve Brachmann
3 months ago 1

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 …
By Paul Morinville & Gene Quinn
4 months ago 34

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
4 months 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
5 months 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 …

Ninth Circuit Confirms Willfulness is Required to Award Profits in Trademark Cases

As Stone Creek deepens the divide among circuits, the issue of whether willfulness is required for disgorgement of a defendant’s profits in trademark cases is ripe …
By Shannon Turner & Eric Ball
7 months ago 0

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
7 months ago 2