This post will organize various patent litigation decisions from the United States District Court for the District of Delaware (D. Del.). The focus will be on patent infringement remedies, particularly damages and injunctions. Patent Jury Verdicts: Below are the patent jury verdicts from the District of Delaware between 2015 …
This post will track the issued remedies in the patent dispute between Bard Peripheral Vascular and WL Gore & Associates. The post will not cover patent invalidity decisions from the USPTO or the district court. The dispute started in 2003 with a complaint by Bard against Gore in the District of Arizona and ended …
This post will track the issued remedies in the patent dispute between Apple and Samsung. The post will not cover patent invalidity decisions from the USPTO or the district court. The dispute started on April 15, 2011, with a complaint by Apple against Samsung in the Northern District of California, …
Federal Rule of Evidence 702 provides that an expert witness may testify if he or she ” is qualified as an expert by knowledge, skill, experience, training, or education.” Under Daubert v. Merrell Dow and Rule 702, courts are charged with a gatekeeping role, the objective of which is to ensure that expert testimony admitted into evidence is …
Lost-profits damages are appropriate “whenever there is a reasonable probability that, but for the infringement, the patentee would have made the sales that were made by the infringer.” Versata Software v. SAP. A showing under the four-factor Panduit test establishes the required causation. These factors include: “(1) demand for the …
WesternGeco v. ION was decided by the Supreme Court on June 21, 2018 on appeal from the Southern District of Texas. At trial, the jury found defendant ION liable and awarded plaintiff WesternGeco $12.5 million in royalties and $93.4 million in lost profits. WesternGeco claimed it was entitled to lost profits after “it …
Exergen v. Kaz is a nonprecedential case decided on March 8, 2018 on appeal from the District of Massachusetts. Pre-trial, the district court granted defendant Kaz summary judgment of no willful infringement because its invalidity contentions were objectively reasonable. At trial, the jury found all asserted claims infringed and not invalid, …
2017 was a busy year for patent remedies. Except for the Supreme Court decision on laches, most of the action happened in the Federal Circuit. The graph below shows how many times each decision has been cited by another court. It’s updated as to January 26, 2018. 1. Laches …
This post attempts to collect and present patent jury verdicts rendered in 2017. Only jury awards are included (no bench awards, arbitration awards, settlements, or the like). Figure 1: The median patent jury verdict in 2017 was $5,845,578. The low was $123,650, and the high was $235,510,000. There were noted …
Presidio v. American Technical Ceramics was decided on November 21, 2017 on appeal from the Southern District of California. The invention concerned capacitors for storing and releasing energy. The district court granted defendant ATC’s motion for summary judgment on absolute intervening rights. The jury then returned a verdict of direct and induced infringement, …