News & Analysis as of

Remand Damages Patent Litigation

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

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

Erise IP

Eye on IPRs, January 2024: Intel Damages Go to Retrial after PTAB Win, Pushback on IPR Changes, and More

Erise IP on

Every month, Erise’s patent attorneys review the latest inter partes review cases and news to bring you the stories that you should know about: After IPR victory, Intel wins appeal on $2.2 billion patent award - Bloomberg...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - October 2023 #3

Cyntec Company, Ltd. v. Chilisin Electronics Corp., Appeal No. 2022-1873 (Fed. Cir. Oct. 16, 2023) In this week’s Case of the Week, the Federal Circuit reversed and remanded a California district court’s judgment as a...more

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

PTAB Strategies and Insights Newsletter: May 2022

The PTAB Strategies and Insights newsletter provides timely updates and insights into how best to handle proceedings at the USPTO. It is designed to increase return on investment for all stakeholders looking at the entire...more

Knobbe Martens

The Heightened Standard of Proving Induced Infringement

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ROCHE DIAGNOSTICS CORPORATION v. MESO SCALE DIAGNOSTICS, LLC - Before Newman, Prost, and Taranto. Appeal from the U.S. District Court for the District of Delaware. Summary: A finding of inducing infringement requires...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - February 2022

The Federal Circuit issued numerous precedential opinions last week, two of which answered long simmering questions about inter partes reviews (IPRs). Below we discuss a case addressing whether admissions of prior art in the...more

Knobbe Martens

Willful Infringement Does Not Require “Wanton, Malicious, and Bad-Faith” Behavior

Knobbe Martens on

SRI INTERNATIONAL, INC. v. CISCO SYSTEMS, INC. Before LOURIE, O’MALLEY, and STOLL. Appeals from the United States District Court for the District of Delaware. Summary: Applying the proper test for willful...more

WilmerHale

CAFC Patent Cases - September #2

WilmerHale on

Precedential Federal Circuit Opinions - In Re MAXPOWER SEMICONDUCTOR, INC. [ORDER]  (2021-146, 9/8/21) (O’Malley, Reyna, Chen) - Reyna, J.  Denying mandamus petition and dismissing appeal.  The Court declined to...more

Morrison & Foerster LLP - Federal Circuitry

Last Week in the Federal Circuit (September 13-17): More Forays Into Expert Testimony and Damages

We’re still waiting (and probably will be for a little while) for the first opinion from newly confirmed Judge Tiffany Cunningham. But in the meantime, we provide below our usual weekly statistics and our case of the week—our...more

Knobbe Martens

A General Warning Against Infringement Is Not Actual Notice of Infringement

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LUBBY HOLDINGS LLC v. CHUNG - Before Dyk, Newman, and Wallach. Appeal from the Central District of California. Summary: Specific charges of infringement by a specific accused product are required to provide actual...more

McDonnell Boehnen Hulbert & Berghoff LLP

Arctic Cat Inc. v. Bombardier Recreational Products Inc. (Fed. Cir. 2020)

The patent marking statute, codified at 35 U.S.C. § 287(a) appears straightforward: Patentees, and persons making, offering for sale, or selling within the United States any patented article for or under them, or importing...more

Proskauer - Advertising Law

SCOTUS to Decide Whether the Lanham Act Requires Proof of Willfulness for Disgorgement of Profits

On Friday, June 28, 2019, the Supreme Court granted certiorari in Romag Fasteners, Inc. v. Fossil, Inc. to decide whether a showing of willfulness is necessary to obtain a defendant’s profits under the Lanham Act....more

Foley Hoag LLP - Making Your Mark

Supreme Court to Decide Whether Trademark Owner Must Prove Willful Infringement to Obtain an Infringer's Profits

Under 15 U.S.C. § 1117(a), trademark holder who proves infringement may receive as damages an award of profits “subject to the principles of equity.” This phrase has divided the circuit courts going back several decades, with...more

Fenwick & West LLP

Will SCOTUS Resolve the Circuit Split on Key Trademark Damages Issue?

Fenwick & West LLP on

A petition for writ of certiorari pending before the U.S. Supreme Court asks the Court to decide whether a plaintiff must prove willful infringement to obtain an award of a trademark infringer’s profits for a violation of 15...more

Knobbe Martens

Court Doubles Damages Award Against Briggs and Stratton for Willful Infringement

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A Nebraska court upheld a jury’s reasonable royalty award of more than $14 million for infringement of Exmark’s patent relating to lawnmower baffles. An appellate court had vacated a previous jury award and remanded the case...more

Knobbe Martens

TEK Global, S.R.L. v. Sealant Systems International

Knobbe Martens on

Federal Circuit Summary - Before Prost, Dyk, and Wallach. Appeal from the United States District Court for the Northern District of California. Summary: When the Federal Circuit holds that a combination of references...more

Knobbe Martens

Federal Circuit Review - December 2018

Knobbe Martens on

Assignor Estoppel Does Not Apply in the IPR Context - In Arista Networks, Inc. v. Cisco Systems, Inc., Appeal Nos. 2017-1525, 2017-1577, the Federal Circuit held that the plain language of 35 U.S.C. § 311(a) unambiguously...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - January 2019 #2

PATENT CASE OF THE WEEK - WesternGeco LLC v. Ion Geophysical Corp., Appeal Nos. 2013-1527, 2014-1121, -1526, -1528 (Fed. Cir. Jan. 11, 2019) - In the continuing saga between WesternGeco and ION Geophysical, a Federal...more

Knobbe Martens

Enplas Display Device Corp. v. Seoul Semiconductor Co.

Knobbe Martens on

Federal Circuit Summary - Before Newman, Hughes, and Stoll. Appeal from the United States District Court for the Northern District of California. Summary: Reasonable royalty patent damages cannot include a royalty for...more

Jackson Walker

Extraterritorial Reach Of Patents— Impact Of Recent Supreme Court Decisions

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Jackson Walker partner Leisa Talbert Peschel spoke at the 14th Annual Advanced Patent Litigation Course on Thursday, July 12, at the U.S. Patent and Trademark Office’s Rocky Mountain Regional Office in Denver, Colorado. ...more

Schwabe, Williamson & Wyatt PC

Latest Federal Circuit Court Cases - July 2018 #2

PATENT CASE OF THE WEEK - Power Integrations, Inc. v. Fairchild Semiconductor Int’l, Inc., Appeal Nos. 2016-2691, 2017-1875 (Fed. Cir. July 3, 2018) - The Court affirmed a jury verdict of patent infringement and vacated a...more

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

Addressing the Question of How to Determine an Infringer’s “Article of Manufacture” under 35 U.S.C. § 289

Just when it seemed that we might have finally reached the end of the epic battle between Apple and Samsung in what was once called the “patent trial of the century,” the District Court for the Northern District of California...more

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

Apple v. Samsung: What Does it Really Mean for Consumer Product Companies?

In 2011, Apple sued Samsung in the U.S. District Court for the Central District of California (Apple Inc. v. Samsung Electronics Co., Ltd.) alleging that several Samsung smartphones infringed utility and design patents owned...more

McDermott Will & Emery

Design Patentees Are Entitled to Infringers’ Unapportioned Total Profits - Nordock, Inc. v. Systems Inc.

McDermott Will & Emery on

In an opinion addressing the proper measure of damages for design patent infringement, the U.S. Court of Appeals for the Federal Circuit vacated and remanded a district court’s order denying a motion for a new trial on...more

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