False Claims Act Insights - Assessing the Fallout from a Thermonuclear FCA Verdict
3 Key Takeaways | What Corporate Counsel Need to Know About Patent Damages
The Briefing: Supreme Court Holds Copyright Damages Can Go Beyond 3 Years (Podcast)
The Briefing: Supreme Court Holds Copyright Damages Can Go Beyond 3 Years
Supreme Court to Settle Circuit Split Regarding RICO Damages Arising From Personal Injuries — RICO Report Podcast
RICO Damages — RICO Report Podcast
(Podcast) The Briefing: How Far Back Can You Go: Supreme Court to Decide Circuit Split on Recovery of Copyright Damages
The Briefing; How Far Back Can You Go: Supreme Court to Decide Circuit Split on Recovery of Copyright Damages
SDNY Chooses “Time Approach” to Calculating Lease Termination Damages Collectible Against a Bankrupt Estate
Using Expert Witnesses in FCRA Cases - FCRA Focus
#WorkforceWednesday: How to Pursue Damages in Trade Secrets Litigation - Employment Law This Week® - Spilling Secrets Podcast
How Do You Measure The Economic Value of Ecosystems?
Podcast: Discussing Florida Tort Reform with William Large and Tiffany Roddenberry
6 Key Takeaways | Presenting Damages in International Arbitration
Bar Exam Toolbox Podcast Episode 167: Listen and Learn -- Direct and Derivative Actions (Corporations)
Law School Toolbox Podcast Episode 306: Listen and Learn -- Intentional Torts: Defamation
JONES DAY TALKS®: Private Antitrust Litigation in Spain
PODCAST: Williams Mullen's Trending Now: An IP Podcast - IP Litigation Trends: Are Large IP Litigation Damages Awards Here to Stay? – Part 2
PODCAST: Williams Mullen's Trending Now: An IP Podcast - IP Litigation Trends: Are Large IP Litigation Damages Awards Here to Stay? – Part 1
JONES DAY TALKS®: Private Antitrust Litigation in Europe: The Big Picture
Reliably Determining Reasonable Royalty Rates from Lump Sum Licenses - In Ecofactor, Inc. V. Google LLC, Appeal No. 23-1101, The Federal Circuit held that license agreements containing a lump sum payment “based on” a royalty...more
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
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
Arkansas has adopted the Model Uniform Trade Secrets Act with some modifications. We refer to this as the Arkansas Uniform Trade Secrets Act (“AUTSA”) and it can be found at Ark. Code Ann. § 4-75-601, et seq....more
The US Court of Appeals for the Federal Circuit affirmed a district court’s decision to preclude a patent owner from seeking damages based on method claims infringed outside of the United States but confirmed that reasonable...more
8 Puma Biotechnology is the latest victim of standing requirements in patent cases that continue to wreak havoc on plaintiffs’ ability to recover a full measure of damages. In Puma Biotechnology, Inc. v. AstraZeneca...more
This blog is written by Arizona copyright lawyer Steve Vondran. Vondran Legal has handled hundreds of federal court litigation cases since its founding in 2004. One important area we practice is restaurant IP law, which...more
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
A federal court has ruled that a photographer may not recover certain profits indirectly related to authorized copies of his work. The case is Graham v. Prince, No. 15-CV-10160 (SHS), 2023 WL 5917712 (S.D.N.Y. Sept. 11,...more
March's Texas Patent Litigation Monthly Wrap-Up covers decisions addressing post-verdict JMOL, the point at which cases become exceptional, and the standard for amending invalidity contentions, among other issues....more
The US Court of Appeals for the Federal Circuit determined that an accused infringer was entitled to a new trial relating to validity issues but still faced sanctions for its continuous disregard of its discovery obligations....more
After successfully appealing a judgement and obtaining a remand of its Chapter 93A claim to the Massachusetts BLS, the Governo Law Firm moved to admit expert testimony about a “reasonable royalty” measure of damages. Governo...more
A recent decision from Judge Stark, now presiding at the Federal Circuit, endorses the use, by a patent owner’s damages expert, of sales projections and a “litigation risk multiplier” in determining reasonably royalty...more
The US Court of Appeals for the Federal Circuit affirmed a district court’s determination of proper venue, finding that the patent venue statute, 28 U.S.C. § 1400(b), does not apply to a third-party counterclaim defendant and...more
By Dan Staren and David Barker Last week, a Federal Circuit panel vacated a billion dollar jury verdict in favor of plaintiff-appellee California Institute of Technology (“Caltech”) and remanded for a new trial on damages...more
Rudimentary principles of contract law stipulate that words in a contract that are plain and free from ambiguity must be understood in their usual and ordinary sense. Applying such principles, the US Court of Appeals for the...more
Ninth Circuit Reverses Class Action Settlement Approval and Fee Award - The Ninth Circuit Court of Appeals has reversed the approval of a $10 million voucher settlement and a $2.6 million attorneys’ fee award in a class...more
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
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
Earlier this month, a federal jury in North Carolina hit Walmart with a $95.5 million verdict for its willful infringement of Variety Stores, Inc.’s “BACKYARD” trademarks. The jury awarded $45.5 million as a reasonable...more
PATENT CASE OF THE WEEK - WesternGeco LLC v. Ion Geophysical Corp., Appeal Nos. 2013-1527, 2014-1121, -1526, -1528 (Fed. Cir. Jan. 11, 2019) - In the continuing saga between WesternGeco and ION Geophysical, a Federal...more
One of the philosophies of the world-famous Palm restaurant is to treat guests like family. That philosophy may need to be re-examined in light of a recent decision by the New York Supreme Court in Ganzi v. Ganzi, a case...more
Tuesday, July 17, 2018, 11:00 A.M. CST -- Proving damages in patent pharmaceutical cases can be challenging, as the Georgia Pacific elements are not clearly adapted for pharma markets. Learn from two experienced practitioners...more
2017 was a year of significant developments to Canadian IP law and practice, with important court decisions and numerous legislative amendments. We have taken the opportunity to review the top 10 highlights from the past...more
Universities have traditionally been reluctant to enforce their intellectual property (IP) against third parties. There are many reasons for this position, including adverse publicity associated with such suits, the time...more