Posts Tagged: enhanced damages
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 …
Fitness Anywhere win Enhanced Damages and Permanent Injunction as Infringement Continued Post Verdict
The order granted post-trial motions filed by Fitness Anywhere both for enhanced damages on the patent infringement findings as well as a permanent injunction against WOSS. Although …
Judge Awards Enhancement of Damages to $268 Million in Cochlear Implant Patent Case
“While the jury’s $130 million verdict is significant and may sound large in the abstract, it may not be enough without enhancement to deter infringing conduct given …
Apple to pay VirnetX $93.4 million in costs and interest for patent infringement
On Monday, September 25th, Zephyr Cove, NV-based patent owner VirnetX Holding Corporation filed a Form 8-K with the U.S. Securities and Exchange Commission (SEC) regarding an …
Rapid changes in the Chinese legal system, an increasingly attractive venue for IP litigation
For many years, foreign companies were reluctant to seek and enforce intellectual property protection in China. A combination of challenging litigation with low damages, the lack of …
Universal Entertainment Accuses Founder of Directing Patent Infringement Through American Subsidiary for Personal Gain
Japanese gaming firm Universal Entertainment Corporation (TYO:6425) filed a complaint alleging patent infringement and other claims against Las Vegas, NV-based entity Aruze Gaming America as well as …
CAFC says PTO Reexamination Should Not Preclude Validity Challenges at District Court
Along with the willfulness finding, the Federal Circuit also overturned findings of no invalidity on a patent that had already survived multiple reexaminations at the U.S. …
CAFC Denies Enhanced Damages and Lost Profits, Competitor Proves Intervening Rights
In determining indefiniteness of a claim based on a testing method referenced in the patent, courts will evaluate whether the method is well known in the art …
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 …
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 …
A review of enhanced damages since Halo: Minimizing potential exposure to enhanced damages
Since the Supreme Court’s decision in Halo, there have been approximately 100 cases analyzing whether the adjudged infringer acted egregiously/willfully en route to a determination of …
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 …
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. …
