Posts Tagged: willful infringement


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
8 days 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 …

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
1 month 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
2 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
4 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
4 months ago 2

Makers of Bionic Wrench awarded $5.9M by federal jury against Sears in willful infringement verdict

The inventor of the two patents-in-suit is Dan Brown, Sr., president and founder of LoggerHead. He also teaches engineering at Northwestern University’s Segal Design Institute. Brown …
By Steve Brachmann
5 months ago 15

Makers of TRX exercise equipment win $6.8 million patent verdict, prove willful infringement

The makers of TRX fitness and training equipment, was awarded more than $6.8 million in damages after a jury verdict finding willful patent infringement by San Carlos, CA-based …
By Steve Brachmann
8 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 …

Litigating Willful Patent Infringement in a Post-Halo World

After Halo, courts appear to be breathing new life into claims for willful patent infringement and enhanced damages claims. In fact, since Halo’s new standard took …

Federal Circuit Affirms in Part and Reverses in Part “Means Plus Function” Indefiniteness

In an indefiniteness analysis, particularly for a “means plus function” claim, the patent must particularly disclose the corresponding structure for performing the claimed function. It is not …

IPR Evidence and Trial Impact for Practitioners

For accused infringers relying on invalidity defenses that were presented in an inter partes review (“IPR”) to fight willful infringement allegations in district court, the shift in …

Jury’s Willfulness Determination Affirmed Under Modified In re Seagate Standard

Stryker Corporation was awarded $70 million in lost profits after a jury found that Stryker’s patents were valid and willfully infringed by Zimmer. The district court affirmed …