Willful Infringement

News & Analysis as of

Magistrate Gorenstein recommends changing trebled damages to defaulting defendant, but no attorney’s fees.

Keystone Global LLC v. Auto Essentials Inc., et al. Case Number: 1:12-cv-09077-DLC-GWG - Keystone alleged that Decor Essentials infringed two patents, U.S. Patents Nos. 7,866,715 (“Protective vehicle cover”) and...more

District Court Precludes Admission of Inter Partes Review Proceedings in Front of Jury But Permits Consideration as part of...

In this patent infringement action between Ultratec, Inc. ("Ultratec") and Sorenson Communications, Inc. ("Sorenson"), Sorenson sought to admit evidence of an inter partes review proceeding of the patent-in-suit. Sorenson...more

IP Newsflash - October 2014 #3

Federal Circuit Affirms Willful Infringement Judgment and Enhanced Damages Award - In an October 14, 2014, decision, the Federal Circuit upheld a judgment of willful infringement and an award of enhanced damages...more

Are “Concurrent Damages” A Good Idea For Copyright Law?

About a year ago, we wrote about the final chapter in the copyright saga of Joel Tenenbaum, the Boston University student who was found liable for copyright infringement by a District of Massachusetts jury, based on his...more

Judge Rakoff Grants Permanent Injunction and Awards Attorneys’ Fees for Unreasonable Litigation Tactics and Redundant Post-Trial...

Following a six-day jury trial finding defendants’ infringement of U.S. Patent No. 7,874,487 (“Integrated illumination assembly for symbology reader”) to be willful, Judge Rakoff permitted plaintiffs to move for a permanent...more

Jury Finds Willful Infringement and $2.5M Damages

Cognex Corp. et al. v. Microscan Systems, Inc. et al. Case Number: 1:13-cv-02027-JSR (Dkt.202) - The jury in Cognex v. Microscan found infringement of U.S. Patent No. 7,874,487 (“Integrated illumination...more

Practical Reasons to Obtain an Opinion of Patent Counsel

The Federal Circuit and Congress have in recent years made it more difficult for plaintiffs to recover enhanced damages in patent infringement suits. This may have caused companies to erroneously assume that seeking an...more

IP Newsflash - March 28, 2014

DISTRICT COURT CASES - In the Eastern District of Texas the Trend of Successful Motions to Dismiss Willful Infringement Allegations Continues, While Similar Attacks on Direct Infringement Allegations Still Face Tough...more

Carnegie Mellon v. Marvell: District Court Denies Marvell's Equitable Defenses Finding That Marvell Has Not Acted Equitably Toward...

In this patent infringement case brought by Carnegie Mellon University ("CMU"), against Marvell Technology Group, Ltd. and Marvell Semiconductor, Inc. (collectively "Marvell"), CMU alleged that Marvell has infringed two of...more

Potter Voice v. Apple: Claims for Willfulness Survive Motion to Dismiss Where Siri Inventors Allegedly Knew of Patent Prior to...

Potter Voice filed a patent infringement action against Apple, alleging infringement of U.S. Patent No. 5,729,659 (the '659 patent) through Apple products containing Siri. In 2010, Apple acquired a corporation called Siri,...more

Objectively Reasonable Defense Precludes Enhanced Patent Damages

In the non-precedential opinion in Lee v. Mike’s Novelties, Inc., the Federal Circuit affirmed the district court’s judgment of infringement and no invalidity, but reversed the finding of willful infringement. In so doing,...more

District Court Sua Sponte Orders Claims for Indirect Infringement and Willfulness Dismissed for Failure to Plead Pre-Suit...

Eclipse IP LLC ("Eclipse") filed several patent infringement actions against a number of defendants, in which it alleged indirect infringement (both inducing and contributory) as well as willfulness. The district court sua...more

The Federal Circuit Has Jurisdiction over Appeals in Which Damages and Willfulness Remain Unresolved

The Federal Circuit green-lights earlier and more appeals. 28 U.S.C. § 1292(c)(2) confers to the United States Court of Appeals for the Federal Circuit (the "Federal Circuit") the jurisdiction to hear appeals in civil actions...more

IP Update, Vol. 16, No. 6, June 2013

Patents / Patent Eligible Subject Matter - Supreme Court to Myriad: Isolated DNA Sequences Are Not Patent-Eligible Subject Matter -- AMP et al. v. Myriad Genetics, Inc.: In a 9–0 decision the Supreme...more

Federal Circuit Decision Helps Troll Defendants Reduce Cost Of Litigation

While the attention of most of the patent litigation world has been focused on Supreme Court decisions on the patentability of human gene sequences and the viability of antitrust claims based on settlement of Hatch Waxman...more

Bratz Litigation Has Provided Fertile Grounds for Attorney Fee Disputes

The Bratz litigation between Mattel and MGA Entertainment has provided fertile grounds for attorney fee disputes. In the latest installment, the Ninth Circuit upheld a $137 million attorney fee award in favor of MGA as a...more

It’s All in the Bag – Fendi Counterfeiter Held Liable for Willful Infringement

The U.S. Court of Appeals for the Second Circuit recently awarded Fendi at least $12.3 million in damages, finding that the trademark infringement of importer Ashley Reed Trading, Inc. was willful....more

Celebrity Trademark Watch: Kardashians Kalled to Kourt?

Kim, Kourtney, and Khloé , the reality-TV triple threat otherwise known as the Kardashians, are going to have to keep up with the federal court in California. The three sisters (not to be confused with Chekhov’s titular...more

David Can Beat Goliath in the Trademark World… Just Ask Mixed Chicks!

On November 2, 2012, a federal jury in the Central District of California awarded Mixed Chicks LLC, a beauty supply company for mixed-race women, www.mixedchicks.net, $839,535 in actual damages and $7,275,000 in punitive...more

“Willful Blindness” – New Standard For Induced Infringement

The Supreme Court recently affirmed the Federal Circuit’s decision that Pentalpha Enterprises, Ltd. (wholly owned subsidiary of Global-Tech Appliances, Inc.) induced infringement of SEB SA’s deep fryer patent. Global-Tech...more

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