Posts Tagged: damages
The Insurance-Intellectual Property Interface: Traps for the Unwary
Intellectual property litigators are often required to assess and pursue insurance coverage that may be available for policyholders they represent in ongoing litigation. More than assuring prompt …
Top Secret: How to Successfully Build a Trade Secrets Case
When an employee who has left a company to work for a competitor shares a coveted trade secret, his or her former employer can experience devastating effects, …
Romag Fasteners: IPO Departs From Other Amici in Urging SCOTUS to Require Willfulness to Award Trademark Profits
The Intellectual Property Owners Association and four other associations have filed amicus briefs with the Supreme Court in the case of Romag Fasteners v. Fossil, Inc., Fossil …
Monster Energy Appeals to Ninth Circuit Following District Court Denial of Injunction Against ISN
In the most recent development in a case between energy drink brand Monster Energy Company and maker of automotive tools Integrated Supply Network, LLC (ISN), the U.…
The Katy Perry Verdict Proves Our Music Copyright Laws Need a Tune Up
Our music copyright law is out of tune in several ways. The recent multi-million-dollar jury verdict this summer against Katy Perry and Capitol Records illustrates a lack …
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Federal Circuit Affirms $140M Reasonable Royalty for Sprint in Nonprecedential Decision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 …
