Federal Circuit on Damages and other Remedies

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

Patent jury awards in 2019: Delaware and Eastern Texas have higher verdicts than the rest

This post attempts to collect and present patent jury verdicts rendered in 2019. Only jury awards are included (no bench awards, arbitration awards, settlements, etc.).   Figure 1: The median patent jury verdict in 2019 was $5,692,922. The low was $138,363, and the high was $585,000,000. There were 33 noted patent …

A patent litigation remedies profile of the District of Massachusetts

This post will organize various patent litigation decisions from the United States District Court for the District of Massachusetts (D. Mass.). The focus will be on patent infringement remedies, particularly damages and injunctions.   Local Patent Rules   Patent Jury Verdicts: Below are the patent jury verdicts from the District of Massachusetts …

District court local rules for patent infringement cases

Below are district court local patent rules. Specific provisions pertaining to patent damages have been emphasized.   Court Local Patent Rules Patent Damages Provision FIRST CIRCUIT District of Massachusetts D. Mass. Local Rules — District of New Hampshire  D.N.H. Local Rules — SECOND CIRCUIT Eastern District of New York  E.D.N.Y. …

Federal Circuit on applying Georgia-Pacific factor 1 for a reasonable royalty: comparable licenses by the patentee

Although the Federal Circuit has “never described the Georgia–Pacific factors as a talisman for royalty rate calculations, district courts regularly turn to this 15–factor list.” Ericsson v. D-Link. The factors derive from Georgia-Pacific v. U.S. Plywood. The Federal Circuit does “not require that witnesses use any or all of the Georgia–Pacific …

Party’s misconduct must make the entire case exceptional to merit attorney fees

Intellectual Ventures I v. Trend Micro was decided on December 19, 2019 on appeal from the District of Delaware. In a related trial by plaintiff Intellectual Ventures against another defendant on the same patents, the jury found infringement of some claims and noninfringement of others. During that trial Intellectual Ventures’ …

A patent litigation remedies profile of the District of New Jersey

This post will organize various patent litigation decisions from the United States District Court for the District of New Jersey (D.N.J.). The focus will be on patent infringement remedies, particularly damages and injunctions.   Local Patent Rules   Patent Jury Verdicts: Below are the patent jury verdicts from the  District of …

A patent litigation remedies profile of the Northern District of Illinois

This post will organize various patent litigation decisions from the United States District Court for the Northern District of Illinois (N.D. Ill.). The focus will be on patent infringement remedies, particularly damages and injunctions.   Local Patent Rules   Patent Jury Verdicts: Below are the patent jury verdicts from the Northern …

A patent litigation remedies profile of the Central District of California

This post will organize various patent litigation decisions from the United States District Court for the Central District of California (C.D. Cal.). The focus will be on patent infringement remedies, particularly damages and injunctions.   Local Patent Rules (Judge Andrew J. Guilford) Local Patent Rules (Judge Otis D. Wright II)   …

Fees warranted because of NPE plaintiff’s unreasonable conduct and to deter future abusive litigation

Blackbird v. Health In Motion was decided on December 16, 2019 on appeal from the Central District of California. “[S]hortly before discovery was scheduled to end,” defendant Health In Motion filed a motion for summary judgment. After the motion was fully briefed, without notice to Health, plaintiff Blackbird filed a …

Jury lump sum biologics royalty is supported by substantial evidence

Amgen v. Hospira was decided on December 16, 2019 on appeal from the District of Delaware. Following the biosimilar trial, the jury found some patent claims (and not others) infringed and awarded plaintiff Amgen a reasonable royalty lump sum of $70 million. “Of the twenty-one accused drug substance batches, the …