Plaintiff cannot recover pre-suit damages because of unmarked licensee products

Packet Intelligence v. NetScout was decided on July 14, 2020, on appeal from the Eastern District of Texas. Plaintiff Packet Intelligence sued Defendant NetScout on two method-claims patents and one apparatus-claims patent. The jury found all claims willfully infringed, rejected NetScout’s invalidity defenses under § 102, awarded $3.5 million in …

Assignor estoppel bars assignor from challenging patent validity at the district court but not the PTAB

Hologic v. Minerva Surgical was decided on April 22, 2020 on appeal from the District of Delaware. A named inventor of the eventual asserted patents (the ‘183 and the ‘348) assigned his rights to the relevant patent applications to a company that would later be acquired by plaintiff Hologic. Years …

Denial of summary judgment of invalidity does not conclusively show objective reasonableness regarding fees

Eko Brands v. Adrian Rivera Maynez was decided on January 13, 2020, on appeal from the Western District of Washington. Plaintiff Eko filed a declaratory judgment and an infringement action against defendant ARM. On summary judgment, the district court granted Eko declaratory judgment of noninfringement but denied the motion as …

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 …

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)   …

Federal Circuit on calculating reasonable Section 285 attorney fees under Octane Fitness

Section 285 of the Patent Act provides that a district “court in exceptional cases may award reasonable attorney fees to the prevailing party.” The Supreme Court in Octane Fitness v. Icon Health held that an exceptional case “is simply one that stands out from others with respect to the substantive strength of a …

Injunction, enhanced damages, and attorney fees vacated after finding one patent invalid under Section 101

Chamberlain Group v. Techtronic Industries was decided on August 21, 2019 on appeal from the Northern District of Illinois. After the jury found plaintiff Chamberlain’s patents infringed and not invalid, the district court the district court granted an injunction, enhanced damages and attorney fees. The district court denied defendant Techtronic’s motion for JMOL …

Willfulness, enhancement, and attorney fees vacated

SRI International v. Cisco was originally decided on March 20, 2019, and modified on July 12, 2019 on appeal from the District of Delaware. In the modified opinion, the Federal Circuit vacated the award of attorney fees, which was based in part on the vacated willfulness finding, and remanded for further consideration …