Willful Infringement

News & Analysis as of

It’s Not Just What You Know, But When You Know – For Willful Infringement

Motion to Dismiss Willful Infringement Claims granted, Monolithic Power Systems, Inc. v. Silergy Corporation, No. 14-cv-01745-VC (J. Chhabria) - This case centers around three patents which, according to Monolithic...more

Catching-Up On House Judiciary Committee’s Revised Innovation Act

Recently the House Judiciary Committee voted 24-8 to approve a revised version of the Innovation Act. As we previously discussed, the Innovation Act was re-introduced in the House earlier this year in the same form approved...more

Daubert And Dispositive Motions Are Decided

Stark, C. J. Plaintiffs' Motion to Exclude Certain Opinions of Defendants' Technical Expert Glenn Reinman is denied. Plaintiffs' Motion to Exclude Opinions and Proposed Testimony of Jeremiah Grant is denied in part and...more

Congress Continues to Promote Patent Reform Efforts

In recent years, Congress has devoted a great deal of attention to patent reform. Those efforts led in 2011 to passage of the Leahy-Smith America Invents Act (AIA), which was the most extensive revision of the patent laws in...more

Federal Circuit Acknowledges § 284 Review Issue May Be Raised by Octane/Highmark Cases - Stryker Corp. v. Zimmer, Inc.

The U.S. Court of Appeals for the Federal Circuit issued a revised opinion in Stryker Corp. v. Zimmer, Inc. In the revised opinion the Court added a footnote discussing the implications of recent Supreme Court jurisprudence...more

Fairchild v. Power Integrations: Because of Right to Appeal, District Court Precludes Reference to Pending Reexamination...

Fairchild Semiconductor Corp. and Fairchild (Taiwan) Corp.'s (collectively, "Fairchild") moved in limine to preclude any reference to any pending reexamination proceeding or any completed reexamination proceeding of any...more

Summary Judgment Finding Recommended As To Non-Willfulness But Not As To Non-Infringement

Burke, C. J. Report and Recommendation that Defendant’s motion for summary judgment of noninfringement of claim 11 of the patent-in-suit be denied, and for non-willfulness be granted....more

Court Rules On Post-Trial Motions Following Willful Infringement Verdict

Stark, C.J. Plaintiff’s motion for attorneys’ fees is denied. Defendant’s motion for JMOL is granted in part and denied in part. Plaintiff’s motion to alter or amend judgment is granted in part and denied in part. Argument...more

Willfulness Allegations are Dismissed

In the original complaint, plaintiff alleged that defendant had knowledge of the patents-in-suit at least since the filing of the complaint. In the amended complaint, plaintiff adds that defendants’ infringement has been and...more

Tempest Publishing, Inc. v. Hacienda Records and Recording Studio, Inc. - USDC, S.D. Tex., March 18, 2015

Texas district court holds that independent recording studio willfully infringed copyright in plaintiff’s musical composition, finding defendant’s four-year delay in seeking post-recording license did not conform with...more

Federal Circuit Review - February 2015

More Deference to District Courts in Claim Construction - In TEVA PHARMACEUTICALS USA, INC. v. SANDOZ, INC., No. 13-854, the Supreme Court held that factual findings underpinning claim construction rulings are reviewed...more

Protegrity’s “Bare Bones” Allegations Result in Dismissal, Again

In yet another case in the District of Connecticut, Protegrity has seen its claims for indirect and willful infringement dismissed because, according to the court, its complaint did not plead sufficient facts. District Judge...more

Spineology Sues Wright Medical Technology

Spineology, Inc. sued Wright Medical Technology, Inc. (Wright Medical) in the United States District Court for the District of Minnesota . Spineology’s complaint alleges that Wright Medical’s X-REAM percutaneous expandable...more

District Courts Must Follow Georgia-Pacific & Seagate’s Instructions - Aqua Shield v. Inter Pool Cover Team, et al.

Addressing the analysis required to support both damages and willfulness, the U.S. Court of Appeals for the Federal Circuit vacated a district court’s damages calculation and determination regarding willfulness. Aqua Shield...more

Willful Infringement and Enhanced Damages

Following the 2007 Federal Circuit decision In re Seagate Technology, LLC, some businesses decided that the need to obtain opinion letters from counsel in order to avoid findings of willful infringement was reduced. ...more

IP Newsflash - January 2015

FEDERAL CIRCUIT CASES - Federal Circuit Explains the Role of Actual Profits in Reasonable Royalty Calculations and the Relationship Between Preliminary Injunctions and Willful Infringement - On December 22,...more

Federal Circuit Reverses Judgment for Willful Infringement

Through its recent decision in Stryker Corp. v. Zimmer, Inc., the Federal Circuit gave Zimmer an early Christmas gift worth approximately $140 million by reversing a district court’s determination of willfulness and vacating...more

Beastie Boys v. Monster Energy Company - USDC, S.D. New York, December 4, 2014

Following jury verdict in favor of Beastie Boys on copyright infringement and Lanham Act claims, district court denies defendant Monster Energy Company’s motions for judgment as matter of law, for new trial, and for reduction...more

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

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