Federal Circuit on Damages and other Remedies

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

Pattern of enforcing patent rights doesn’t make a losing case exceptional

Checkpoint v. All-Tag was decided on June 5, 2017. There, a jury found Plaintiff Checkpoint’s patent not infringed, not invalid, and not unenforceable. After appeals to the Federal Circuit, and to the Supreme Court (in conjunction with Octane Fitness), the case returned to the district court on remand. On remand, …

Fees warranted where party showed pattern of suing and settling for sums below costs of defense

Rothschild v. Guardian was decided on June 5, 2017 on appeal from the Eastern District of Texas. There, the district court granted plaintiff Rothschild’s voluntary motion to dismiss. The court then denied defendants’ cross motion for attorney fees because Rothschild voluntarily withdrew its complaint within Rule 11’s safe harbor period (motions for …

Causal nexus found where Defendant couldn’t achieve ANDA product without infringing

Mylan v. Aurobindo was decided on May 19, 2017 on appeal from the Eastern District of Texas. There, the district court granted co-Plaintiff Mylan’s motion for a preliminary injunction as to the compound and process patents, finding that Defendant Aurobindo likely infringed the patents under the doctrine of equivalents, and that Arubindo …

Equity action to set aside judgment is exceptional because of meritless allegations

Nova Chemicals v. Dow was decided on May 11, 2017 on appeal from the District of Delaware. In 2010, after a jury trial, the court entered judgment against defendant NOVA for over $61 million in damages. During the supplemental-damages phase, NOVA became aware of evidence allegedly showing that plaintiff Dow and its …

No irreparable harm where the parties don’t meaningfully compete, and where plaintiff licensed to others

Nichia v. Everlight was decided on April 28, 2017 on appeal from the Eastern District of Texas. The patents-in-suit disclosed designs and methods of manufacturing LED devices. After a bench trial, the district court found defendant Everlight infringed plaintiff Nichia’s patents, and that the patents were not invalid. The court then denied …

Patentee cannot bypass marking statute by disclaiming the unmarked feature

Rembrandt v. Samsung was decided on April 17, 2017 on appeal from the Eastern District of Texas. The patents related to Bluetooth technology. There, the jury found that defendant Samsung infringed plaintiff Rembrandt’s patents, and awarded $15.7 million in damages. After trial, the district court denied Samsung’s motion for JMOL on obviousness …

False marking damages require concrete evidence of causation, not general assertions

Gravelle v. Kaba is a nonprecedential case decided on April 12, 2017 on appeal from the Eastern District of North Carolina . There, defendant Kaba marked its key-cutting machines as “patent pending” for two features—although no patent application for those features was ever filed. Plaintiff Gravelle filed suit pro se, …

Permanent injunction reaching a party not found liable is vacated

Asetek Danmark v. CMI USA was decided on April 3, 2017 on appeal from the Northern District of California. In an earlier December 6, 2016 decision, the Federal Circuit maintained the permanent injunction during the remand, and Chief Judge Prost dissented because she would have vacated the injunction. In the April 3, 2017 decision, the …

Federal Circuit lists non-exclusive factors to consider when assessing exceptionality under §285

University of Utah v. Max Planck was decided on March 23, 2017 on appeal from the District of Massachusetts. There, the district court granted defendant Max Planck’s motions for summary judgment regarding the joint inventorship claims. The district court then denied Max Planck’s motion for attorney fees despite that plaintiff University of …

Supreme Court holds that laches can’t bar damages for a suit brought within the limitations period

SCA Hygiene v. First Quality was decided by the Supreme Court on March 21, 2017 on appeal from the Western District of Kentucky. There, the district court granted defendant First Quality’s summary judgment motion of laches and equitable estoppel. A Federal Circuit panel affirmed as to laches, but reversed as to …