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, …
2018 was a big year for patent remedies, the most important decision being the Supreme Court’s WesternGeco v. ION, which opened the door to foreign damages for patent infringement. 1. A Patentee may recover foreign lost profits for infringement under Section 271(f)(2) Under Section 271(f)(2) of the Patent Act, it …
Indivior v. Dr. Reddy’s is a nonprecedential case decided on November 20, 2018 on appeal from the District of New Jersey. In the first ANDA case, plaintiff Indivior sued defendant Dr. Reddy’s, alleging infringement. The district court found that Dr. Reddy’s ANDA did not infringe the asserted patent. After the judgment …
This post will organize various patent litigation decisions from the United States District Court for the District of Delaware (D. Del.). The focus will be on patent infringement remedies, particularly damages and injunctions. Patent Jury Verdicts: Below are the patent jury verdicts from the District of Delaware between 2015 …
This post will track the issued remedies in the patent dispute between Apple and Samsung. The post will not cover patent invalidity decisions from the USPTO or the district court. The dispute started on April 15, 2011, with a complaint by Apple against Samsung in the Northern District of California, …
To obtain a preliminary injunction, a plaintiff must show that it is likely to succeed on the merits, that it is likely to suffer irreparable harm in the absence of preliminary relief, that the balance of the hardships tips in its favor, and that an injunction is in the public interest. The …
Texas Advanced Optoelectronic v. Renesas was decided on July 9, 2018 on appeal from the Eastern District of Texas. The Federal Circuit granted petition for rehearing and reissued the opinion, modifying the opinion released on May 1, 2018. The principal change relates to the evidence relied on by Texas Advanced in its …
Endo v. Teva is a nonprecedential case decided on May 16, 2018 on appeal from the Southern District of New York. The district court found all asserted claims by plaintiff Endo against defendant Teva not invalid, and found all but two asserted claims infringed. The district court then issued a permanent injunction against …
A party seeking an injunction must make a clear showing that it is at risk of irreparable harm. In cases where “the accused product includes many features of which only one (or a small minority) infringe,” a finding that the patentee will be at risk of irreparable harm “does not …
This opinion was superseded. Texas Advanced Optoelectronic v. Renesas was decided on May 1, 2018 on appeal from the Eastern District of Texas. Plaintiff Texas Advanced sued defendant Renesas for patent infringement, trade secret misappropriation, breach of contract, and tortious interference. Before trial, the district court granted Renesas’s summary judgment motion …