Blog – Page 23 – Federal Circuit on Damages and other Remedies

Injunction upheld: Defendant didn’t raise a substantial question as to infringement or invalidity

By Jean Dassie December 21, 2015 December 31, 2019 0

Edge v. Aguila was a nonprecedential case decided on December 21, 2015 on appeal from the Southern District of Florida. There, plaintiff-Edge sued Defendant-Aguila for patent, trademark, and trade dress infringement. After the Magistrate Judge’s recommendation, the district court granted Edge’s motion for preliminary injunction. Aguila appealed. The Federal Circuit affirmed the preliminary injunction …

Defendant Friendly, Nonpracticing Entities, Reasonable Royalty

For standard-essential patent damages, courts must discount the value of standardization

By Jean Dassie December 3, 2015 January 8, 2020 0

Scientific v. Cisco was decided on December 3, 2015 on appeal from the Eastern District of Texas. There, the patent-in-suit concerned wireless local area network technology, and was included in the 802.11a “Wi-Fi” standard (first published in 1999). Around 2003, plaintiff Scientific developed a form license offer (“the Rate Card”), which it …

Lost Profits, Plaintiff Friendly

Lost profits proper despite that patentee’s product cost twice as much as the infringer’s

By Jean Dassie November 16, 2015 May 25, 2020 0

Akamai v. Limelight was decided on November 16, 2015 on appeal from the District of Massachusetts. There, a jury found that plaintiff Akamai’s patent (claiming a method for delivering content over the internet) was not invalid and was infringed by defendant Limelight. To prove damages, Akamai relied on Dr. Ugone’s expert testimony, …

Attorney Fees, Mixed Outcome

Exceptionality finding upheld because the district court provided five independent bases

By Jean Dassie October 21, 2015 December 31, 2019 0

Integrated v. Rudolph is a nonprecedential case decided on October 21, 2015, up on appeal for the second time from the District of Arizona. There, the jury returned a verdict of infringement and willfulness. At trial, it was discovered that defendant Rudolph continued to contest infringement even though its CEO personally thought that …

Design Patents, Lost Profits, Plaintiff Friendly, Reasonable Royalty, Section 289 Total Profits

If both § 289 and § 284 damages are sought, the jury must consider the infringer’s total profits

By Jean Dassie September 29, 2015 May 25, 2020 0

Nordock v. Systems was decided on September 29, 2015 on appeal from the Eastern District of Wisconsin. There, a jury found defendant Systems infringed plaintiff Nordock’s design patent, and that the patent was not invalid. Nordock’s damages expert testified that System’s net profit for the sale of the infringing items was …

Injunctions, Plaintiff Friendly

Preliminary injunction that merely prohibits “other products” is overbroad

By Jean Dassie September 24, 2015 December 31, 2019 0

M-I v. FPUSA is a nonprecedential case decided on September 24, 2015 on appeal from the Western District of Texas. There, the district court preliminarily enjoined defendant FPUSA from promoting, selling, or renting a system that infringed one or more claims of plaintiff M-I’s patent. FPUSA appealed. The Federal Circuit affirmed the preliminary injunction …

Nonpracticing Entities, Plaintiff Friendly, Reasonable Royalty

Expert methodology is admissible despite being neither published nor peer reviewed

By Jean Dassie September 21, 2015 December 31, 2019 0

Summit 6 v. Samsung was decided on September 21, 2015 on appeal from the Northern District of Texas. The patent relates to the processing and uploading of digital photos. The jury found plaintiff Summit’s patent not invalid and infringed, and awarded Summit $15 million in damages. Summit settled with another defendant, RIM, before trial. …

Defendant Friendly, Equitable Estoppel, Injunctions, Laches

Laches may bar the recovery of damages for a suit brought within the limitations period

By Jean Dassie September 18, 2015 December 31, 2019 0

SCA Hygiene v. First Quality was decided en banc on September 18, 2015 on appeal from the Western District of Kentucky. Late October in 2003, plaintiff SCA alleged through a letter that defendant First Quality’s absorbent diapers infringed its patent. First Quality replied about a month later that the patent was invalid. In July …

Injunctions, Plaintiff Friendly

Irreparable harm’s causal nexus shown where users preferred the patented features over alternatives

By Jean Dassie September 17, 2015 December 31, 2019 0

Apple Inc. v. Samsung was decided on September 17, 2015 on appeal from the Northern District of California. There, the jury awarded Plaintiff-Apple $119,625,000 for Defendant-Samsung’s infringement of three of five asserted patents. Following the verdict, the district court denied Apple’s motion for a permanent injunction, finding that Apple would not suffer irreparable harm. Apple …

Defendant Friendly, Intervening Rights, Pre-Issuance Damages

Pre-reexamination damages not proper where patentee narrowed the claim during reexam

By Jean Dassie September 17, 2015 December 31, 2019 0

R+L Carriers v. Qualcomm was decided on September 17, 2015 on appeal from the Southern District of Ohio. There, after bringing suit, the plaintiff R+L filed for ex parte reexamination of the patent-in-suit. Although the patent survived reexam, R+L added language to the claim at issue. Because defendant Qualcomm ceased its alleged infringing …