Posts Tagged: damages
Mega Awards Likely to Highlight Unpredictability of U.S. Patent Damages Law
Calculating damages in patent infringement suits is a high-stakes, complex matter of law and economics that often starts with the Georgia Pacific factors at the district court …
Piercing Halo’s Haze at Year Five: Smoke Clearing on Enhanced Damages
On June 13, 2016, the Supreme Court decided Halo Elecs., Inc. v. Pulse Elecs., Inc., addressing standards for recovery of enhanced damages for patent infringement pursuant to Section 284 of …
A New Trial is Ordered with Respect to Damages in Optis Wireless v. Apple, Despite No FRAND Claims at Issue
On April 14, 2021, in a somewhat surprising about face, Judge Rodney Gilstrap ordered a new trial with respect to damages in Optis Wireless Technology, LLC et al. v. …
How Will the $2.18 Billion Verdict in VLSI Technologies v. Intel Impact Future Patent Valuations?
VLSI Technology, originally an integrated circuit manufacturer in the 1990s, is today a non-practicing, patent-owning entity, an affiliate of Fortress Investment Group. VLSI no longer makes or …
What the Latest Optis Wireless v. Apple Ruling Means for Patent Infringement Damages for SEPs
In a previous article, we considered the difference between a reasonable royalty for infringement of a U.S. patent and a fair, reasonable and non-discriminatory (FRAND) rate …
Understanding Damages Calculation in SEP Litigation
Courts around the world have determined appropriate methodologies for calculating damages on standard essential patents (SEPs) for which patent holders have made an assurance to license on …
Damages for Patent Infringement versus FRAND Licensing Rates
During a recent panel discussion at IP Watchdog’s SEP 2020 Conference, a question arose as to the difference, if any, between a reasonable royalty for infringement of …
Federal Circuit Affirms $90 Million Verdict Against GSK Inhalers
On November 19, the Federal Circuit issued a precedential decision in Vectura Limited v. GlaxoSmithKline LLC in which the court affirmed a judgment entered against GSK finding that …
China’s Legislature Approves Increases to Statutory Patent Damages, Maximum 5X Punitive Damages for Intentional Infringement
On October 17, the Standing Committee of China’s National People’s Congress completed its amendments to China’s Patent Law, marking the fourth time that China has …
Centripetal Networks Awarded $1.9 Billion in Infringement Suit Against Cisco
Earlier this week, the United States District Court for the Eastern District of Virginia (the Court) entered what is believed to be one of the highest damages …
Canadian Toymaker Spin Master Scores Big Chinese Patent Damages Victory
On April 20, international IP firm Rouse announced the positive results of a patent infringement case brought in Chinese courts on behalf of Spin Master, a Canadian children’…
Top Tips for Trying Your First (or Next) Patent Jury Trial
Writing about tips for trying patent jury trials is, in some ways, like teaching skills for hunting dinosaurs. To start, patent jury trials are challenging, which (presumably, …
Final Briefs Filed with SCOTUS in Romag Fasteners Case on Trademark Infringement Damages
On November 27, briefing concluded at the Supreme Court with the filing of Fossil’s respondent’s brief in Romag Fasteners, Inc., v. Fossil, Inc., et al. The …
High Court This Time Grants Google’s Petition on Copyright for Software Interfaces
The Supreme Court has agreed to hear Google’s petition for a writ of certiorari in its long-running case with Oracle. The High Court will decide: 1. Whether …
Filling in the Holes: The CASE Act is Where Good Intention Meets Good Policy
While there are a number of falsehoods being spread about the CASE Act by those who philosophically oppose any legislation that will help the creative community, there …
