On-going Royalty for Product Redesigned Post-Verdict

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In a case of first impression, Eastern District of Texas applies on going royalty to an accused infringer's product redesigned after the jury verdict finding infringement by the original patent. Court borrows from the law of contempt to hold that if the redesigned product is no more than colorably different from the adjudicated infringing product, the on-going royalty applicable to the original product will apply to the redesigned product.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Robert Matthews, Jr., Matthews Patent-Law Consulting | Attorney Advertising

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