News & Analysis as of

Patents Damages Patent Infringement

Manatt, Phelps & Phillips, LLP

Will the Federal Circuit Bring the Hammer Down on Big Damages Claims?

On September 25, 2024, for only the second time since 2018, the U.S. Court of Appeals for the Federal Circuit granted a request for en banc review of a panel decision in a patent case. The case, EcoFactor Inc. v. Google LLC,...more

McDermott Will & Emery

No Matter How You Slice and Dice It, Conclusory Evidence Can’t Support Entire Market Value Damages

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The US Court of Appeals for the Federal Circuit concluded that the entire market value rule was not applicable where conclusory expert testimony was the only evidence that a product’s infringing features drove consumer...more

Alston & Bird

Patent Case Summaries | Week Ending October 04, 2024

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Provisur Technologies, Inc. v. Weber, Inc., et al., No. 2023-1438 (Fed. Cir. (W.D. Mo.) Oct. 2, 2024). Opinion by Moore, joined by Taranto and Cecchi (sitting by designation)....more

Pillsbury Winthrop Shaw Pittman LLP

Is the Federal Circuit Breathing Life Back Into False Patent Marking Claims?

The Federal Circuit determined that if a company misleads consumers about the nature of a product by making false patent marking claims, it can be held liable under the Lanham Act. False marking claims under the Lanham Act...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - September 2024 #4

EcoFactor, Inc. v. Google LLC, Appeal No. 2023-1101 (Fed. Cir. Sept. 25, 2024) The Federal Circuit’s only precedential opinion this week was a rare order that granted en banc review of a prior panel decision. Here, the...more

WilmerHale

The Broken Balance: How “Built-in Apportionment” and the Failure to Apply Daubert Have Distorted Patent Infringement Damages

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The United States patent system is designed to be a balance: in exchange for the inventor disclosing their invention to the public, pa-tentees are granted exclusive rights to that invention for a period of time. This ensures...more

A&O Shearman

The Newly Proposed RESTORE Patent Bill Aims To Give Patent Owners More Power

A&O Shearman on

On July 30, 2024, United States Senators Christopher Coons (R-Delaware) and Thomas Cotton (R-Arkansas) introduced the “Realizing Engineering, Science, and Technology Opportunities by Restoring Exclusive Patent Rights Act of...more

J.S. Held

Case Law Update: Timing of Technical Expert Analysis of Non-Infringing Alternatives in Smart Path Connections

J.S. Held on

Recent case law may impact the timing of defendant technical expert analysis and opinion regarding non-infringing alternatives in patent infringement litigation. On March 13, 2024, Magistrate Judge Roy S. Payne, in the United...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Design Patents vs. Utility Patents: A Unique Advantage in Litigation

Need another reason to secure and enforce design patents? Design patents offer a unique additional remedy in district court litigation: profit disgorgement. While design patent owners may still pursue the traditional remedies...more

AEON Law

Patent Poetry: Federal Circuit Rules on Patent Damages Based on Foreign Conduct

AEON Law on

The Federal Circuit has ruled that a US patent-holder plaintiff may be able to recover damages for a defendant’s foreign sales of infringing products if the foreign sales were proximately caused by the defendant’s improperly...more

Kilpatrick

3 Key Takeaways | What Corporate Counsel Need to Know About Patent Damages

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Kilpatrick’s Ted Mayle and Kevin Bell recently presented “What Corporate Counsel Need to Know About Patent Damages” at the ACC Colorado In House Counsel Forum. With reports of nine-figure jury awards in patent cases being...more

Knobbe Martens

Federal Circuit Review | June 2024

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Reliably Determining Reasonable Royalty Rates from Lump Sum Licenses - In Ecofactor, Inc. V. Google LLC, Appeal No. 23-1101, The Federal Circuit held that license agreements containing a lump sum payment “based on” a royalty...more

McDermott Will & Emery

The $X Factor: Demystifying Damages Calculations

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The US Court of Appeals for the Federal Circuit affirmed a district court’s decision to deny a defendant’s motion for a new trial on damages, finding that the plaintiff’s damages expert sufficiently showed that prior license...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - June 2024

EcoFactor, Inc. v. Google LLC, Appeal No. 2023-1101 (Fed. Cir. June 3, 2024) In the Federal Circuit’s only precedential patent opinion this week, the court addressed issues of infringement and admissibility that arose...more

Knobbe Martens

Federal Circuit Review | May 2024

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Infringement Judgement is Only Final when there’s Nothing Left to Do but Execute - In Packet Intelligence LLC v. Netscout Systems, Inc., Appeal No. 22-2064, the Federal Circuit held that an infringement judgment is only...more

Knobbe Martens

Infringement Judgement Is Only Final When There’s Nothing Left to Do but Execute

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Before Lourie, Hughes, and Stark. Appeal from the U.S. District Court for the Eastern District of Texas. Summary: An infringement judgment is only sufficiently “final” to be immune from a later finding of unpatentability if...more

BakerHostetler

IP Litigation Newsletter - May 2024

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Certainty and Absolute Predictability Are Not Required to Establish a Reasonable Expectation of Success for Obviousness - The Federal Circuit affirmed the obviousness determination because there was no clear error in...more

Locke Lord LLP

Federal Circuit Clarifies Liability of ‎Foreign Revenue for U.S. Domestic Patent ‎Infringement

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In a ruling with significant implications for both plaintiffs and defendants in patent infringement disputes, the Federal Circuit recently clarified the law on using foreign revenue as a damages base for U.S. patent...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - May 2024

SnapRays v. Lighting Defense Group, Appeal No. 2023-1184 (Fed. Cir. May 2, 2024) Our Case of the Week deals with an issue the Court has not addressed recently: the question of declaratory judgment jurisdiction....more

Mintz - Intellectual Property Viewpoints

The Second Time’s a Charm: In New Damages Trial, Texas Jury More than Doubles Lump-Sum Award Against Samsung for Infringing Two...

On April 17, 2024, a second Texas jury assessed damages of $142 million against Samsung, more than doubling a previous jury award of $67.5 in a protracted standard essential patent (SEP) litigation brought by G+...more

Akin Gump Strauss Hauer & Feld LLP

District Court: Accused Infringer Bears the Burden of Timely Raising a Non-Infringing Alternatives Theory

In a patent infringement case, the district court granted plaintiff’s motion to strike portions of defendant’s technical expert’s rebuttal report on the basis that defendant failed to timely disclose non-infringing...more

Pillsbury Winthrop Shaw Pittman LLP

Unclean Hands: Available for Litigation Misconduct or an Illusory Remedy?

Discovery misconduct can be remedied not only through the sanctions available in the Federal Rules of Civil Procedure, but also potentially through the defense of unclean hands....more

McDermott Will & Emery

Reasonable Royalty Available for Foreign Activities (But Not This Time)

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The US Court of Appeals for the Federal Circuit affirmed a district court’s decision to preclude a patent owner from seeking damages based on method claims infringed outside of the United States but confirmed that reasonable...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - April 2024

Harris Brumfield v. IBG LLC, Appeal No. 2022-1630 (Fed. Cir. Mar. 27, 2024) In our case of the week, the Federal Circuit addressed three issues in a dispute that dates back to 2010, and has been to the Court on three...more

Axinn, Veltrop & Harkrider LLP

Puma and the Pitfalls of the “Narrow” Exclusive License

8 Puma Biotechnology is the latest victim of standing requirements in patent cases that continue to wreak havoc on plaintiffs’ ability to recover a full measure of damages. In Puma Biotechnology, Inc. v. AstraZeneca...more

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