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Patents Lost Profits

AEON Law

Patent Poetry: Jury Awards $30 Million in Artificial Eyelash Patent Case

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A federal court jury in Texas has awarded more than $30 million in damages to woman-owned beauty start-up Lashify Inc. The jury found that Qingdao Lashbeauty Cosmetic Co., a Chinese company doing business as Worldbeauty,...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

Axinn, Veltrop & Harkrider LLP

Default [Judgments] & the U.S. Open

The late and great tennis writer and broadcaster Bud Collins loved loud pants (Google it), nicknames (ditto), and “net cords,”* those balls that hit the top of the net and through some combination of physics and fortune fall...more

McDermott Will & Emery

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

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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

Akin Gump Strauss Hauer & Feld LLP

Two Product Market for Bamboo Decking Justifies Jury Award of Lost Profits

The District of Delaware recently held that evidence addressing a lack of non-infringing alternatives from the perspective of the market as a whole, as opposed to customer-by-customer, may suffice when the market includes...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - May 2022

Sunoco Partners Marketing & Terminals L.P. v. U.S. Venture, Inc., Appeal Nos. 2020-1640, -1641 (Fed. Cir. Apr. 29, 2022) - Our case of the week has a little bit for everyone, including lost profits, reasonable royalties,...more

Smart & Biggar

FCA upholds reconsideration decision maintaining $100M+ award against Apotex for cefaclor patent infringement

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Update: On September 28, 2021, Apotex applied to the Supreme Court of Canada for leave to appeal (Docket No. 39851).  On July 23, 2021, the Federal Court of Appeal (FCA) dismissed Apotex’s appeal of the Federal Court’s (FC)...more

Weintraub Tobin

Irreparable Harm For Permanent Injunction Supported By Lost Profits Award

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In f’real Foods, LLC et al v. Hamilton Beach Brands, Inc. et al, 1-16-cv-00041 (DDE 2020-07-16, Order) (Colm F. Connolly), plaintiffs freal Foods, LLC and Rich Products Corporation sued defendants Hamilton Beach Brands, Inc....more

Akin Gump Strauss Hauer & Feld LLP

District Court in Alabama Rejects Inexorable Flow Theory of Lost Profit Damages

On January 28, 2020, the Northern District of Alabama granted-in-part a defendant’s motion for summary judgment, holding that the plaintiff could not recover damages based on a theory of lost profits because the plaintiff...more

Knobbe Martens

Johnstech International Awarded $1.5 Million for Infringement of Semiconductor Patent

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Johnstech International sued JF Microtechnology for infringing its patent related to semiconductor contactors for testing integrated circuits. Both companies compete for sales of semiconductor test contactors. A California...more

McDermott Will & Emery

Nothing Exceptional About Litigation Costs Exceeding Potential Damages

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Addressing the issue of whether litigation costs that exceed potential damages necessarily render a case exceptional, the US Court of Appeals for the Federal Circuit affirmed a district court’s decision that they did not....more

Knobbe Martens

Jury Awards Patentee Nine-Figure Patent Damages Award

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A New Jersey jury has awarded Eagle View Technology $125 million in patent damages. Eagle View originally sued its competitor Verisk and its subsidiary corporation Xactware, for infringing nine patents related to software for...more

McDermott Will & Emery

The Wild, Wild WesternGeco: Reasonable Royalties and Lost Profits

Following remand from the Supreme Court of the United States, the US Court of Appeals for the Federal Circuit addressed the impact of an intervening invalidation of four of six patent claims in issue by the Patent Trial and...more

Knobbe Martens

Westerngeco L.L.C. v. Ion Geophysical Corp. [Opinion On Remand]

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Federal Circuit Summary - Before Dyk, Wallach, and Hughes. On remand from the Supreme Court. Summary: Even though the issue of the jury’s award of lost profits was still pending, a party could not reopen the issue of...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - January 2019 #2

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

Hogan Lovells

District Court Extends Patent Damages to Include Foreign Lost Profits in Direct Infringement Cases

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On October 4, 2018, Federal District Court Judge Leonard P. Stark issued an order in Power Integrations, Inc. v. Fairchild Semiconductor International, Inc., et al. allowing a plaintiff to recover foreign lost profits for...more

Smart & Biggar

2018 Highlights in Canadian Life Sciences IP

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In 2018 we reported on a number of developments in life sciences IP and regulatory law. Our most-read articles were: #1 a June update on biosimilars (authored by Urszula Wojtyra); #2 a “live” summary chart of Vanessa’s Law...more

Mintz - Intellectual Property Viewpoints

Significant 2018 Patent Decisions and a Look Ahead

This year the Supreme Court, United States Court of Appeals for the Federal Circuit, and the Federal District Courts penned a number of opinions impacting patent law. Here are some key takeaways from the past year....more

Hogan Lovells

U.S. + Germany Patent Update – November 2018

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The U.S. and Germany are two of the most important fora in the world for patent litigation. The U.S. has long been one of the largest markets for patent litigation, and Germany has constantly attracted more than 50% of all...more

Mintz - Intellectual Property Viewpoints

Judge Applies WesternGeco Principles to Direct Infringement Under 35 U.S.C.§ 271(a)

A federal district court judge recently applied the recent U.S. Supreme Court decision in WesternGeco LLC v. ION Geophysical Corporation, in which the Supreme Court held that lost profits damages could be awarded for...more

Knobbe Martens

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

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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

Hogan Lovells

US Patents and the potential global monopoly effect for software

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Earlier this summer, the Supreme Court held that the Patent Act’s damages provision, 35 U.S.C. 284, allowed a patent holder to recover foreign lost profits when patent infringement liability is based on 35 U.S.C. 271(f)(2)....more

Hogan Lovells

Standard Essential Patent Update – August 2018

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In the August 2018 edition of Hogan Lovells’ Standard Essential Patent (SEP) Update, we report on recent news and case decisions from China, Germany, the United Kingdom, and the United States. This bi-monthly newsletter...more

Sunstein LLP

July 2018 IP Update: In Limited Circumstances, the Supreme Court Permits Businesses to Recover Patent Damages for Sales Made...

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The Supreme Court recently answered the question whether a patent owner can collect damages caused by an infringer’s sales outside the U.S. Federal law typically reaches only conduct within the country, but the justices made...more

Knobbe Martens

Federal Circuit Review - July 2018

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Determining Whether a Claim Element or Combination of Elements Would Have Been Well-Understood, Routine, and Conventional Is a Question of Fact - In Aatrix Software, Inc. v. Green Shades Software, Inc., Appeal No....more

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