News & Analysis as of

Willful Infringement Jury Verdicts

A&O Shearman

Federal Circuit Reverses Infringement And Willfulness Determinations And Finds Damages Verdict Improperly Relies On Entire Market...

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On October 2, 2024, the Court of Appeals for the Federal Circuit (“CAFC”) issued a precedential opinion reversing-in-part decisions from the United States District Court for the Western District of Missouri in Case No....more

AEON Law

Patent Poetry: Jury Finds Google Infringed Audio Patents, Awards $15 million

AEON Law on

A federal court jury in Delaware has awarded $15.1 million in damages to a company that claimed Google infringed two of its audio programming patents. The patents at issue are US Patent Nos. 6,199,076 and 7,509,178. The...more

McDermott Will & Emery

Induced Infringement Finding May Support Willfulness Finding

McDermott Will & Emery on

In a redux visit, the US Court of Appeals for the Federal Circuit found that the record compelled reversal of a district court’s refusal to reinstate a jury’s willful infringement verdict and enhanced damages award but...more

WilmerHale

CAFC Patent Cases - December 2020

WilmerHale on

Precedential Federal Circuit Opinions - VIDSTREAM LLC v. TWITTER, INC. [OPINION] (2019-1734, 2019-1735, 11/25/2020) (Newman, O'Malley, Taranto) - Newman, J. Affirming the decisions of the Patent Trial and Appeal Board...more

Mintz - Intellectual Property Viewpoints

District of Delaware Goes against Prior Decisions and Declines to Dismiss Willful Infringement Claims Despite Failure to Allege...

On July 30, 2020, the U.S. District Court for the District of Delaware, in APS Technology, Inc. v. Vertex Downhole, Inc. et al, No. 19-cv-01166, denied Vertex Downhole’s Rule 12(b)(6) motion to dismiss APS’s patent...more

Proskauer - New Media & Technology

Online Willful Infringement Standard Clarified: Zazzle Jury Award Reinstated

Recently, the Ninth Circuit reinstated a $460,000 jury verdict against print-on-demand site Zazzle, Inc. (“Zazzle”) for willful copyright infringement, putting a final stamp (perhaps) on a long-running dispute that explored...more

Farella Braun + Martel LLP

How Defense Strategies Can Go Awry When Pursuing Concurrent PTAB Relief in Financial Services Patent Litigation

United States Automobile Association (USAA), a financial services company that provides insurance, banking, investment, and retirement products and services for members of the military and their families, filed a surprising...more

McDermott Will & Emery

No Vicarious Liability Absent Financial Benefit, Even in Context of Contributory Infringement

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The US Court of Appeals for the Ninth Circuit examined issues of vicarious and contributory infringement—along with willfulness—in connection with a copyright infringement case involving a real estate website that featured...more

Knobbe Martens

Omega Patents, LLC v. Calamp Corp.

Knobbe Martens on

Before Prost, Dyk, and Wallach. Appeal from the United States District Court for the Middle District of Florida. Summary: Asserting the district court’s claim construction prevented consideration of additional prior art,...more

Dorsey & Whitney LLP

Textile Design Similarity In The Eye Of The Beholder (The Jury): H&M Found Liable For Copyright Infringement

Dorsey & Whitney LLP on

On December 7, a federal jury in Los Angeles awarded $846,720 in damages to Unicolors, Inc. in its suit against H&M Hennes & Mauritz, LP for copyright infringement of a textile design. Unicolors, Inc. v. H&M Hennes & Mauritz...more

Akin Gump Strauss Hauer & Feld LLP

PTAB Invalidation of Patents Following Jury Verdict of Infringement Does Not Necessarily Impact Willfulness Finding

In a recent decision, Judge Schroeder of the Eastern District of Texas rejected the argument that decisions of the United State Patent and Trade Office (USPTO) invalidating patents held infringed by a jury means that a...more

Mintz - Intellectual Property Viewpoints

Chief Judge Stark Rejects Motion for Enhanced Damages Award Due to the Public Interest in the Accused Hepatitis C Virus Treatments

Last month, following a jury verdict in federal district court in Delaware awarding Plaintiff Idenix Pharmaceuticals LLC $2.54 billion in damages—“the largest damages verdict ever returned in a patent [infringement]...more

Akin Gump Strauss Hauer & Feld LLP

Opinions of Counsel Should Be Rendered Timely, and Evidence of Opinions of Counsel Should Be Credible

Omega Patents, LLC (“Omega”) sued CalAmp Corp. (“CalAmp”) for patent infringement in the Middle District of Florida. The jury returned a verdict for Omega, finding all of the asserted claims valid and infringed. On April 5,...more

Knobbe Martens

Smith & Nephew, Arthrex Settled Suture Anchor Patent Dispute Before Trial

Knobbe Martens on

On February 14, 2017, U.S. District Judge Michael Mosman of the United States District Court, District of Oregon granted a Joint Stipulated Motion for Dismissal with Prejudice submitted by Plaintiffs Smith & Nephew, Inc. and...more

Nutter McClennen & Fish LLP

The District of Massachusetts Sheds Light on Halo’s New Standard for Willfulness and Enhanced Damages in Trustees of Boston...

Since the Supreme Court decision in Halo Electronics v. Pulse Electronics came down earlier this year (as previously discussed here), district courts across the country have been grappling with the high court’s new standard...more

Foley & Lardner LLP

Willfulness After Halo: Now What?

Foley & Lardner LLP on

The general consensus is that the Supreme Court’s June decision in Halo Electronics v. Pulse Electronics eased the path to proving willfulness, as discussed previously on IP Litigation Current. Many speculated that one result...more

Spilman Thomas & Battle, PLLC

Patent Trolls – What’s the Verdict? A Look at the Impact of the Apple Case

In what is potentially the largest “patent troll” verdict in history, Apple has lost a $625 million patent jury award to VirnetX, according to Reuters news service. The jury verdict in the Eastern District of Texas includes...more

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