Posts Tagged: damages
The Pathway to Foreign Damages for Patent Infringement
Automobiles, smartphones, laptops, medical devices, among other end products, contain scores of individual components supplied by vendors. For end products sold domestically, vendors for the components are …
Capitol Records v. ReDigi: No Fair Use or Lawful Resale of Music Files Under First Sale Doctrine
The Court of Appeals for the Second Circuit recently issued a decision in Capitol Records, LLC v. ReDigi Inc. affirming a previous finding out of the Southern …
Monster Energy Prevails on Trademark and Trade Dress Infringement Claims, Wins Punitive Damages
Energy drink maker Monster Energy recently prevailed in its trademark and trade dress infringement lawsuit against Integrated Supply Networks (ISN), a maker of automotive tools and related …
Federal Circuit Affirms $140M Reasonable Royalty for Sprint in Nonprecedential Decision
The Federal Circuit upheld the district court’s damages award of approximately $140 million for Sprint after Time Warner was found to infringe claims of five patents covering …
Use of the Book of Wisdom in Reasonable Royalties
Courts consistently focus on the availability of non-infringing substitutes as of the date of the hypothetical negotiation. In most of the cases reviewed, the determination of available …
Time Warner Asks CAFC to Vacate $139.8M Reasonable Royalty Awarded to Sprint
John O’Quinn, partner at Kirkland & Ellis and counsel representing Time Warner at the Federal Circuit, argued that the entire verdict should be vacated, not just the …
Entire market rule only when infringed feature constitutes sole basis for consumer demand
To base its damages theory on the entire market value rule, Power Integrations bore the burden of proving “the patented feature is the sole driver of customer …
For Design Patent Owners (and Alleged Infringers), The Third Time is Not a Charm
Ultimately, the jury’s large damage award might not be the lasting storyline of this case. Apple’s “victory” here shows that well-crafted design patents can offer …
Entire Market Value Rule Inappropriate When Patented Feature Not Sole Driver of Customer Demand
Power Integrations, Inc. owns U.S. Patent Nos. 6,212,079 ("the '079 patent") and 6,538,908 ("the '908 patent"). Power Integrations sued Fairchild Semiconductor Corporation and Fairchild (Taiwan) Corporation (collectively "Fairchild") …
Industry Reaction to WesternGeco LLC v. ION GeoPhysical
We reached out to our distinguished panel of industry insiders, and the initial reaction is this decision is a clear win for patent owners. Efrat Kasznik: "The …
Supreme Court win for Patent Owners on Lost Foreign Profits in WesternGeco v. ION Geophysical
Earlier today the United States Supreme Court issued a decision in WesternGeco LLC v. ION Geophysical Corp., which in a 7-2 decision ruled that a patent owner …
Facilitating ‘fake news’ through legitimate website prohibited by court in the Netherlands
In a remarkable judgment of 10 January 2018 a court in the Netherlands ordered a hosting provider to make a legitimate website permanently inaccessible because it was “part of …
Making Sense of the Federal Circuit’s Damages Opinions in Exmark and Finjan
Patent damages law is one of the most complex areas in patent law and it is constantly evolving. Attorneys and courts often confuse the principles and get …
Idenix Loses Patent on HCV Treatment that Supported $2.54 Billion Infringement Verdict
In invalidating the Idenix patent, the Delaware district court effectively overturns what had been the largest award for royalty damages in a U.S. patent infringement case …
Ariosa Liable for $26 Million in Lost Profits for Infringing Two Blood Test Patents
A jury verdict awarded more than $26 million to a group of plaintiffs including San Diego, CA-based gene analysis firm Illumina, Inc. The jury found that Ariosa Diagnostics …
