Tag: D. Or.

Attorney Fees, Mixed Outcome, Nonpracticing Entities

Stipulated dismissal with prejudice may form basis for attorney fees under Rule 54

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Keith Manufacturing v. Butterfield was decided on April 7, 2020, on appeal from the District of Oregon. Plaintiff Keith Manufacturing brought a lawsuit against Defendant and former employee Butterfield after Butterfield filed a patent application. Keith alleged that the patent was based on inventions made during Butterfield’s employment and sought …

Lost Profits, Plaintiff Friendly, Willfulness

No further lost-profits apportionment needed when applying the Panduit factors

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Mentor Graphics v. EVE-USA was decided on March 16, 2017 on appeal from the District of Oregon. The patents concerned simulation/emulation technology. After plaintiff Mentor sued defendant EVE for patent infringement, EVE sued Mentor for a declaratory judgment that a non-asserted patent was invalid. Mentor then counterclaimed for willful infringement of …