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 …
By David Gauntlett
16 days ago 0

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, …
By Suzanne Barto Hill
22 days ago 0

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 …
By IPWatchdog
30 days ago 0

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.…
By Nancy Braman
2 months ago 1

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 …
By J. Michael Keyes
2 months ago 6

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 …
By Zachary Silbersher
5 months ago 0

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 …
By Steve Brachmann
10 months ago 3

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 …
By Steve Brachmann
10 months ago 0

Federal Circuit Affirms $140M Reasonable Royalty for Sprint in Nonprecedential Decision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 …
By Steve Brachmann
11 months ago 1

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 …
By Mark Pedigo
11 months ago 1

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 …
By Michael Annis & Myers Dill
1 year ago 0

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 …
By Gene Quinn & Renee C. Quinn
1 year ago 0