News & Analysis as of

Damages Patents Expert Testimony

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - September 2024 #4

EcoFactor, Inc. v. Google LLC, Appeal No. 2023-1101 (Fed. Cir. Sept. 25, 2024) The Federal Circuit’s only precedential opinion this week was a rare order that granted en banc review of a prior panel decision. Here, the...more

McDermott Will & Emery

The $X Factor: Demystifying Damages Calculations

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit affirmed a district court’s decision to deny a defendant’s motion for a new trial on damages, finding that the plaintiff’s damages expert sufficiently showed that prior license...more

BakerHostetler

Damages Experts: Has the Federal Circuit Lowered the Admissibility Standard?

BakerHostetler on

Damages experts in patent cases have a tough task. They must construct a hypothetical negotiation between the parties that would have taken place just before the alleged infringement started. And the goal of this hypothetical...more

Sheppard Mullin Richter & Hampton LLP

Cyntec Company, Ltd. v. Chilisin Electronics Corp., Chilisin America Ltd. Nos. 2022-1873, (Fed. Cir. October 16, 2023)

This case is primarily about the Daubert standard as applied to expert testimony on damages. The Federal Circuit reversed the Northern District of California’s admission of expert testimony on damages, which relied on...more

Axinn, Veltrop & Harkrider LLP

A Tale of Two Experts

It was a tough day for opposing patent damages experts in Ecolab Inc. v. Dubois Chemicals, Inc., as Judge Andrews of the District of Delaware granted Daubert motions directed to both experts' reasonable royalty opinions. The...more

McDermott Will & Emery

No Money, Mo’ Problems: Speculative Damages Award Cannot Stand

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit upheld a district court’s claim construction and jury instructions but reversed a premature judgment as a matter of law (JMOL) on obviousness and an imprecise damages award....more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - October 2023 #3

Cyntec Company, Ltd. v. Chilisin Electronics Corp., Appeal No. 2022-1873 (Fed. Cir. Oct. 16, 2023) In this week’s Case of the Week, the Federal Circuit reversed and remanded a California district court’s judgment as a...more

McDermott Will & Emery

Expert Testimony Excluded Based on Inadmissible Evidence

McDermott Will & Emery on

Circuit Judge Bryson, sitting by designation in the US District Court for the District of Delaware, excluded a plaintiff’s damages expert opinion because the evidence relied upon by the expert was unreliable and therefore...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Strategies and Insights Newsletter: May 2022

The PTAB Strategies and Insights newsletter provides timely updates and insights into how best to handle proceedings at the USPTO. It is designed to increase return on investment for all stakeholders looking at the entire...more

Morrison & Foerster LLP - Federal Circuitry

Last Week in the Federal Circuit (September 13-17): More Forays Into Expert Testimony and Damages

We’re still waiting (and probably will be for a little while) for the first opinion from newly confirmed Judge Tiffany Cunningham. But in the meantime, we provide below our usual weekly statistics and our case of the week—our...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

Akin Gump Strauss Hauer & Feld LLP

Federal Circuit Confirms That a Patent Damages Expert May Opine on a Range of Royalty Rates at Trial

In a recent decision issued in Bayer Healthcare LLC v. Baxalta Inc., the Federal Circuit held that the district court did not abuse its discretion when it allowed the jury to select from a range of proposed royalty rates...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

Knobbe Martens

Federal Circuit Clarifies Appellate Jurisdiction to Review Attorney Fees Awards

Knobbe Martens on

ELBIT SYSTEMS LAND AND C4I LTD. v. HUGHES NETWORK SYSTEMS, LLC - Before Taranto, Mayer, and Chen. Appeal from the United States District Court for the Eastern District of Texas. Summary: Neither 28 U.S.C. § 1295 nor 28...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - July 2019

PATENT CASE OF THE WEEK - Elbit Systems Land and C4I Ltd. v. Hughes Network Systems, LLC, Appeal No. 2018-1910 (Fed. Cir. June 25, 2019) - In this appeal from the United States District Court for the Eastern District of...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

Schwabe, Williamson & Wyatt PC

Latest Federal Circuit Court Cases - July 2018 #2

PATENT CASE OF THE WEEK - Power Integrations, Inc. v. Fairchild Semiconductor Int’l, Inc., Appeal Nos. 2016-2691, 2017-1875 (Fed. Cir. July 3, 2018) - The Court affirmed a jury verdict of patent infringement and vacated a...more

Fish & Richardson

EDTX & NDTX Monthly Wrap-Up — April 2018

Fish & Richardson on

This post is our latest review of noteworthy case developments in the Eastern and Northern Districts of Texas for the month of April 2018. Two subjects stand out this month from the Eastern District: (1) testimony of damages...more

Knobbe Martens

Exmark Manufacturing Company v. Briggs & Stratton Power

Knobbe Martens on

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

Knobbe Martens

Globus Argues Expert’s Faked Credentials Warrants New Trial

Knobbe Martens on

In 2011, DePuy-Synthes, a subsidiary of Johnson & Johnson Inc. sued Globus Medical, Inc. in the United States District Court for the District of Delaware. In that suit, Synthes alleged that Globus had infringed three Synthes...more

20 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide