Federal Circuit on Damages and other Remedies

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

Patent jury awards 2015-16: Median jury award drops by $5M

This post attempts to collect and present patent jury verdicts from the years 2015 and 2016. Only jury awards are included (no bench awards, arbitration awards, settlements, or the like). Figure 1: The median jury verdict dropped from around $12.3M in 2015 to around $7.1M in 2016. There were 35 jury …

Fees warranted where party’s position went against the evidence and its own witnesses

Bayer v. Dow was decided on March 17, 2017 on appeal from the District of Delaware. There, after finding for defendant Dow on summary judgment, the district court awarded Dow attorney fees, concluding that plaintiff “Bayer’s weak positions on the merits and litigation conduct supported a finding that this was an exceptional …

Jury award in design-patent case vacated in light of Apple v. Samsung

Nordock v. Systems is a nonprecedential case decided on March 17, 2017 on appeal from the Eastern District of Wisconsin, on remand from the Supreme Court. There, a jury found defendant Systems infringed plaintiff Nordock’s design patent, and awarded Nordock $46,825 as a reasonable royalty, indicating that Systems’ profits were $0. The …

No further lost-profits apportionment needed when applying the Panduit factors

Mentor Graphics v. EVE-USA was decided on March 16, 2017 on appeal from the District of Oregon. The patents concerned simulation/emulation technology. After plaintiff Mentor sued defendant EVE for patent infringement, EVE sued Mentor for a declaratory judgment that a non-asserted patent was invalid. Mentor then counterclaimed for willful infringement of …

Earlier settlement is comparable despite open infringement and validity in the earlier case

Prism v. Sprint Spectrum was decided on March 6, 2017 on appeal from the District of Nebraska. Plaintiff Prism had sued defendant Sprint and AT&T separately. The AT&T suit settled, and the district court here admitted the AT&T settlement agreement into evidence over Sprint’s objections. A jury then found Sprint liable …

Preliminary injunction upheld because the loss of a potential lifelong customer is irreparable

Metalcraft of Mayville v. Toro was decided on February 16, 2017 on appeal from the Eastern District of Wisconsin. The patent relates to a system for ride-on lawnmowers. The district court granted plaintiff Metalcraft a preliminary injunction enjoining defendant Toro from making, using, selling, and offering to sell lawnmowers equipped with …

Damages remanded for district court to determine §289’s “article of manufacture” test

Apple v. Samsung was decided on February 7, 2017 on appeal from the Northern District of California, on remand from the Supreme Court. There, a jury found that several of defendant Samsung’s smartphones infringed plaintiff Apple’s design patents, and awarded Apple $399 million — the entire profit Samsung made from the infringing phones. The …

Patent jury awards in 2016: Delaware with the highest verdicts

This post attempts to collect and present patent jury verdicts of 2016. The relevant time period is January 1, 2016 to December 31, 2016. The appendix below contains all cases used arranged by district.     Figure 1. The lowest jury award of 2016 was $50,000. The median was $7,185,190. …

Attorney fees warranted for litigant’s refusal to produce an issue-dispositive document

National Oilwell Varco v. Omron is a nonprecedential case decided on January 25, 2017 on appeal from the Western District of Texas. There, the district court dismissed the case with prejudice, finding that plaintiff Oilwell lacked standing, and awarded attorney fees to defendant Omron based on the exceptional nature of Oilwell’s litigation conduct. The …

Likely success not shown where the district court relied on erroneous claim construction

Chamberlain v. Techtronic is a nonprecedential case decided on January 25, 2017 on appeal from the Northern District of Illinois. There, the district court granted plaintiff Chamberlain a preliminary injunction, finding that Chamberlain had shown a substantial likelihood of success on the merits of its infringement claim. Techtronic appealed. The Federal Circuit vacated the grant …