News & Analysis as of

Damages Apportionment

Marshall Dennehey

Florida Rule of Civil Procedure 1.442(c)(3)’s Apportionment Requirement Found Inapplicable by Virtue of Rule 1,442(c)(4) as the...

Marshall Dennehey on

Webjet Linhas Aereas S.A. etc., et al. v. ZGA Aircraft Leasing, Inc., 49 Fla. Weekly D620a (Fla. 3rd DCA 2024) - On March 20, 2024, the Third District Court of Appeal rendered a decision concerning the characterization of a...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - June 2024

EcoFactor, Inc. v. Google LLC, Appeal No. 2023-1101 (Fed. Cir. June 3, 2024) In the Federal Circuit’s only precedential patent opinion this week, the court addressed issues of infringement and admissibility that arose...more

McDermott Will & Emery

Can’t Hide Behind Minor Clerical Error to Escape Willful Infringement Verdict

The US Court of Appeals for the Federal Circuit affirmed a district court decision correcting a clerical error in a claim. Pavo Solutions LLC v. Kingston Technology Company, Inc., Case Nos. 21-1834 (Fed. Cir. June 3, 2022)...more

Smith Gambrell Russell

SB 329 and HB 961 Introduced in the Georgia General Assembly to Address Court Ruling Barring Apportionment of Damages in Single...

In Alston & Bird, LLP v. Hatcher Management Holdings, LLC, 862 S.E.2d 295 (Ga. 2021), the Georgia Supreme Court limited the apportionment of fault in tort cases. As reported in SGR’s Appellate Blog, the Court ruled that...more

McDermott Will & Emery

One for All, and All for One . . . Except When It Comes to Patent License Comparability

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Examining whether portfolio patent licenses can be sufficiently comparable to a single-patent license for the purposes of supporting a patent damages verdict, a split panel of the US Court of Appeals for the Federal Circuit...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - September 2021 #3

Omega Patents, LLC, v. CalAmp Corp., Appeal Nos. 2020-1793, -1794, (Fed. Cir. Sept. 14, 2021) - In its only precedential patent case this week, the Federal Circuit sent a case back for a third trial on the issue of...more

Fitch, Even, Tabin & Flannery LLP

Federal Circuit Affirms Exclusion of Expert Opinion on Reasonable Royalty Rate

On August 26, in MCL Intellectual Property, LLC v. Micron Technology, Inc., the Federal Circuit affirmed exclusion of an expert opinion regarding a reasonable royalty, holding that the district court did not abuse its...more

McDermott Will & Emery

Damage Expert Testimony Excluded for Failure to Disclose Evidence and to Apportion

The US Court of Appeals for the Federal Circuit affirmed a district court’s decision to preclude a damage expert from characterizing license agreements and opining on a reasonable royalty rate where the sponsoring party...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - August 2021 #5

MLC Intellectual Property, LLC v. Micron Technology, Inc., Appeal No. 2020-1413 (Fed. Cir. Aug. 26, 2021) - For those interested in an important Section 112 written description case, we recommend reading the Juno...more

BCLP

The Supreme Court of Georgia Sheds New Light on Apportionment of Damages

BCLP on

The Supreme Court of Georgia issued another decision in its recent line of cases opining on the scope and availability of Georgia’s apportionment statute - O.C.G.A. § 51-12-13. This latest decision, Alston & Bird, LLP v....more

Smith Gambrell Russell

The Georgia Supreme Court Limits The Apportionment Of Fault In Tort Cases

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An important aspect of Georgia’s Tort Reform Act of 2005 addressed the apportionment of fault among the responsible parties. Georgia law traditionally recognized joint and severally liability among parties liable for a...more

McDermott Will & Emery

Apportionment Unnecessary When Royalty Is Based on Comparable License

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Rejecting a defendant’s request for a new trial on a variety of grounds, the US Court of Appeals for the Federal Circuit affirmed a damages award and explained that apportionment was unnecessary because a sufficiently...more

BCLP

Georgia's Apportionment Statute in Product Liability Lawsuits

BCLP on

The Georgia Supreme Court recently issued a decision impacting all product liability cases in Georgia by finding that Georgia’s apportionment statute—O.C.G.A. § 51-12-33—applies to claims for strict product liability, and as...more

Conn Kavanaugh

Tenant May Not Recover Personal-Injury Damages Under Implied Warranty of Habitability for Slip and Fall on Icy Driveway

Conn Kavanaugh on

The Facts: Goreham v. Martins, No. SJC 12761, 2020 WL 3407710 (Mass. June 22, 2020) - On a cold day in January 2010, Robert Goreham exited his apartment through the rear fire escape and walked down the building’s driveway...more

McDonnell Boehnen Hulbert & Berghoff LLP

Hologic, Inc. v. Minerva Surgical, Inc. (Fed. Cir. 2020)

On April 22, 2020, the Federal Circuit "grappled," as the opinion put it, with the equitable doctrine of assignor estoppel in Hologic, Inc. v. Minerva Surgical, Inc., the Federal Circuit "grappled," as the opinion put it,...more

McDermott Will & Emery

Satellite Science? No, Just a Damage Award Supported by Substantial Evidence

The US Court of Appeals for the Federal Circuit concluded that the district court did not abuse its discretion in denying defendants’ motion for a new trial on damages, finding that the jury verdict on damages was based on...more

Akin Gump Strauss Hauer & Feld LLP

Jury Verdict of $145 Million Reduced to $10 Million Based on Expert’s Failure to Properly Apportion

On January 3, 2019, following a jury’s award of $145 million in damages to Wi-LAN, the Southern District of California granted Apple’s motion for a conditional order of remittitur to a $10 million damages award. In granting...more

Knobbe Martens

Panel on IP Valuation: How Much is it Worth? How Much Can You Get? How Can You Protect It?

Knobbe Martens on

Assessing Damages in Patent Litigation - Patent Damages - • Damages for infringement shall be “adequate to compensate for the infringement, but in no event less than a reasonable royalty for the use made of the...more

Harris Beach PLLC

NY High Court Overturns 25 Years of Precedent in Ruling on Contributory Negligence

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The flood gates in New York courts have been opened wide for personal injury plaintiffs by the removal of an obstacle to their success on motions for summary judgment in negligence actions following the recent decision of the...more

McDermott Will & Emery

Apportionment Must Reflect No More than Invention’s Incremental Value

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The US Court of Appeals for the Federal Circuit reinforced its guidance on infringement damages, remanding in part a jury’s award for further consideration of the proper apportionment. Finjan, Inc. v. Blue Coat Systems, Inc.,...more

Skadden, Arps, Slate, Meagher & Flom LLP

Third Circuit Holds Food Manufacturers Have Standing to Seek Damages From Egg Suppliers

Last week, in In re: Processed Egg Products Antitrust Litigation, the U.S. Court of Appeals for the Third Circuit issued a decision holding that purchasers of processed egg products have standing to seek damages from egg...more

Knobbe Martens

Exmark Manufacturing Company v. Briggs & Stratton Power

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Federal Circuit Summaries - Before Wallach, Chen, and Stoll. Appeal from the United States District Court for the District of Nebraska. Summary: Reexaminations of patents confirming validity are not dispositive of...more

Schwabe, Williamson & Wyatt PC

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

Intercontinental v. Kellogg involves a fight between two food industry powerhouses, Kraft and Kellogg, in which a majority of the panel affirms summary judgment of obviousness of a patent directed to a resealable cookie...more

McDermott Will & Emery

There Is More than One Way to Slice the Apportionment Analysis - Commonwealth Scientific and Industrial Research Organisation v....

Addressing the application of the smallest salable patent-practicing unit analysis, as well as the impact of a patent’s standards essential status on apportionment and the relevance of prior licenses between the parties, the...more

Mintz

Determining Damages for Standard Essential Patents: the Federal Circuit Provides Some Guidance in CSIRO v. Cisco

Mintz on

Late last week, in an opinion authored by Judge Prost, a panel of the Federal Circuit vacated a $16 million damages award won by Commonwealth Scientific and Industrial Research Organization (CSIRO) in its patent infringement...more

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