Posts Tagged: willfulness


Supreme Court’s Unanimous Decision in Romag Fasteners Resolves Split on Trademark Infringers’ Profits, But Raises Questions

Circuits have long split over whether willfulness is required before a trademark infringer’s profits may be awarded. Section 1117(a) of the Lanham Act allows an award …
By Ben Wagner
6 months ago 0

Supreme Court Poised to Reverse CAFC Trademark Decision on Willfulness as Prerequisite for Profits Award

On Tuesday, the Supreme Court heard oral arguments in Romag Fasteners v. Fossil, Inc., Fossil Stores, I. Inc., Macy’s Inc, and Macy’s Retail Holdings, Inc. …
By Michael Greenberg
10 months 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
1 year ago 0

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 …
By Steve Brachmann
2 years ago 8

$48 Million Willful Infringement Award Vacated by Federal Circuit

Exmark Manufacturing was awarded $24 million in compensatory damages after a jury found that Briggs and Stratton infringed Exmark’s patent on a lawn mower with improved flow …

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 …
By Steve Brachmann
3 years ago 3

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. …
By Steve Brachmann
3 years ago 2