This post will organize various patent litigation decisions from the United States District Court for the Northern District of California (N.D. Cal.). 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 …
This post will organize various patent litigation decisions from the United States District Court for the Eastern District of Texas (E.D. Tex.). 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 Eastern …
35 U.S.C. § 284 provides that “the court shall award [the patent owner] damages adequate to compensate for the infringement but in no event less than a reasonable royalty for the use made of the invention by the infringer.” “A patent owner, having prevailed on liability, may receive a reasonable royalty or lost …
Omega Patents v. CalAmp was decided on April 8, 2019 on appeal from the Northern District of Florida. After the jury awarded plaintiff Omega approximately $2.98 million in compensatory damages, the district court trebled damages for willful infringement, awarded attorney’s fees to Omega, awarded damages for sales made subsequent to the jury verdict, …
This post will track the issued remedies in the patent dispute between Bruce Saffran, M.D., Ph.D., and Boston Scientific Corporation, Johnson & Johnson, Cordis, and Abbott Laboratories. The lawsuits are Saffran v. Boston Scientific, Saffran v. Johnson & Johnson, et. al., and Saffran v. Abbott Laboratories. Each lawsuit relates to …
TEK Global v. Sealant Systems was decided on March 29, 2019 on appeal from the Northern District of California. The patent related to tire repair kits. At trial, the jury found some claims not invalid, and awarded plaintiff TEK $2,525,482 in lost profits and $255,388 in the form of a reasonable royalty. After trial, …
This opinion was superseded. SRI International v. Cisco was decided on March 20, 2019 on appeal from the District of Delaware. The district court denied defendant Cisco’s motion for summary judgment of patent ineligibility and anticipation. At trial, the jury found willful infringement, and awarded plaintiff SRI a 3.5% reasonable royalty rate …
Sprint v. Time Warner is a nonprecedential case originally decided on November 30, 2018, and modified on March 18, 2019 on appeal from the District of Kansas. The Federal Circuit modified the opinion in response to Time Warner’s petition for rehearing. The opinion was slightly modified to better explain the damages …
“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 …
Drop Stop v. Zhu is a nonprecedential case decided on February 8, 2019 on appeal from the Central District of California. After the parties reached a settlement stipulating to infringement of some claims, plaintiff Drop Stop moved for attorney fees. The district court granted the motion and awarded $600,000 in fees …