Federal Circuit on Damages and other Remedies

Tracking the landscape of patent remedies
 
Federal Circuit on Damages and other Remedies

Lump-sum royalty covering products not accused to be infringing is vacated

Enplas Display v. Seoul Semiconductor was decided on November 19, 2018 on appeal from the Northern District of California. Declaratory plaintiff Enplas filed an declaratory action against declaratory defendant Seoul Semiconductor on two patents. Seoul Semiconductor counterclaimed, asserting infringement and seeking damages. On summary judgment, the district court held that no reasonable juror could …

A patent litigation remedies profile of the District of Delaware

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 …

A patent remedies case study on Bard v. Gore

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 …

A patent remedies case study on Apple v. Samsung

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 Circuit on applying the Read Factors for enhanced damages: duration of the infringement

“Awards of enhanced damages are not to be meted out in a typical infringement case, but are instead designed as a punitive or vindictive sanction for egregious infringement behavior.” WCM v. IPS. There is “no requirement that enhanced damages must follow a finding of egregious misconduct.” Id. Rather, “courts should continue to take into account the particular circumstances of …

Entire market value rule inappropriate where accused product has valuable non-patented features – modified opinion –

Power Integrations v. Fairchild Semiconductor was originally decided on July 3, 2018, and modified on September 20, 2018 on appeal from the Northern District of California. In the modified opinion, language requiring that the patentee, to apply to entire market value rule, present evidence that the other features “are not relevant to consumer choice” and “did not …

Federal Circuit on applying the Read Factors for enhanced damages: closeness of the case

“Awards of enhanced damages are not to be meted out in a typical infringement case, but are instead designed as a punitive or vindictive sanction for egregious infringement behavior.” WCM v. IPS. There is “no requirement that enhanced damages must follow a finding of egregious misconduct.” Id. Rather, “courts should continue to take into account the particular circumstances of …

Federal Circuit on applying the Read Factors for enhanced damages: size and financial condition

“Awards of enhanced damages are not to be meted out in a typical infringement case, but are instead designed as a punitive or vindictive sanction for egregious infringement behavior.” WCM v. IPS. There is “no requirement that enhanced damages must follow a finding of egregious misconduct.” Id. Rather, “courts should continue to take into account the particular circumstances of …

Federal Circuit on applying the Read Factors for enhanced damages: litigation misconduct

“Awards of enhanced damages are not to be meted out in a typical infringement case, but are instead designed as a punitive or vindictive sanction for egregious infringement behavior.” WCM v. IPS. There is “no requirement that enhanced damages must follow a finding of egregious misconduct.” Id. Rather, “courts should continue to take into account the particular circumstances of …

Federal Circuit on applying the Read Factors for enhanced damages: good-faith belief of invalidity or noninfringement

“Awards of enhanced damages are not to be meted out in a typical infringement case, but are instead designed as a punitive or vindictive sanction for egregious infringement behavior.” WCM v. IPS. There is “no requirement that enhanced damages must follow a finding of egregious misconduct.” Id. Rather, “courts should continue to take into account the particular circumstances of …