Sales of the entire product appropriate as the royalty base if patentee properly apportions the royalty rate

Exmark v. Briggs & Stratton was decided on January 12, 2018 on appeal from the District of Nebraska. The invention related to a lawn mower having an improved device for directing airflow and grass clippings during operation. The district court ruled on summary judgment that asserted claim 1 was not invalid …

If the smallest salable unit has non-infringing features, the patentee must further apportion the royalty

Finjan v. Blue Coat was decided on January 10, 2018 on appeal from the Northern District of California. A jury found defendant Blue Coat liable for infringement of four patents (the ‘633, ‘731, ‘844, and ‘968) owned by plaintiff Finjan, and awarded approximately $39.5 million in reasonable royalty damages. The patents related to internet …

Patent jury awards in 2017: Eastern Texas leading with most and highest verdicts

This post attempts to collect and present patent jury verdicts rendered in 2017. Only jury awards are included (no bench awards, arbitration awards, settlements, or the like).   Figure 1: The median patent jury verdict  in 2017 was $5,845,578. The low was $123,650, and the high was $235,510,000. There were  noted …

After the alleged infringer produces unmarked products, the patentee has the burden to show they’re not covered

Arctic Cat v. Bombadier was decided on December 7, 2017 on appeal from the Southern District of Florida. Before trial, defendant Bombadier unsuccessfully moved for summary judgment on several issues, including that plaintiff Artic Cat’s licensee failed to mark its products. The jury found the asserted patents not invalid, found willful infringement by …

Party waived alternative damages theory by pursuing an all-or-nothing damages approach

Promega v. Life Technologies was decided on November 13, 2017 on appeal from the Western District of Wisconsin, on remand from the Supreme Court. In the first instance at trial, the jury award plaintiff Promega $52 million in lost profit damages based on all of defendant Life Tech’s worldwide sales. The district court granted …

Patentee cannot bypass marking statute by disclaiming the unmarked feature

Rembrandt v. Samsung was decided on April 17, 2017 on appeal from the Eastern District of Texas. The patents related to Bluetooth technology. There, the jury found that defendant Samsung infringed plaintiff Rembrandt’s patents, and awarded $15.7 million in damages. After trial, the district court denied Samsung’s motion for JMOL on obviousness …

Permanent injunction reaching a party not found liable is vacated

Asetek Danmark v. CMI USA was decided on April 3, 2017 on appeal from the Northern District of California. In an earlier December 6, 2016 decision, the Federal Circuit maintained the permanent injunction during the remand, and Chief Judge Prost dissented because she would have vacated the injunction. In the April 3, 2017 decision, the …

Patent jury awards 2015-16: Median jury award drops by $5M

This post attempts to collect and present patent jury verdicts from the years 2015 and 2016. Only jury awards are included (no bench awards, arbitration awards, settlements, or the like). Figure 1: The median jury verdict dropped from around $12.3M in 2015 to around $7.1M in 2016. There were 35 jury …

Earlier settlement is comparable despite open infringement and validity in the earlier case

Prism v. Sprint Spectrum was decided on March 6, 2017 on appeal from the District of Nebraska. Plaintiff Prism had sued defendant Sprint and AT&T separately. The AT&T suit settled, and the district court here admitted the AT&T settlement agreement into evidence over Sprint’s objections. A jury then found Sprint liable …

Patent jury awards in 2016: Delaware with the highest verdicts

This post attempts to collect and present patent jury verdicts of 2016. The relevant time period is January 1, 2016 to December 31, 2016. The appendix below contains all cases used arranged by district.     Figure 1. The lowest jury award of 2016 was $50,000. The median was $7,185,190. …