News & Analysis as of

§ 287 Patents Judgment As A Matter Of Law

Manatt, Phelps & Phillips, LLP

Employee/Officer Held Personally Liable for Patent Infringement

In Lubby Holdings LLC v. Chung, the Federal Circuit held corporate officers and employees who actively assist with their corporation’s infringement may be personally liable for inducing infringement even without any piercing...more

Buckingham, Doolittle & Burroughs, LLC

Can Notice of Infringement be Inferred Under Sec. 287(a)?

The Federal Circuit in Lubby Holdings v. Chung overturned a jury verdict finding that Lubby satisfied Sec. 287(a)’s requirement to notify Chung of his infringement. Was this reversible error, or has the court determined that...more

McDermott Will & Emery

Notice Under § 287 Means Knowledge of Infringement, Not Knowledge of Patent

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit reversed a district court’s finding of liability for infringement that occurred prior to the filing of the action, explaining that notwithstanding the defendant’ admission that...more

Mintz - Intellectual Property Viewpoints

Federal Circuit: Licensees’ Failure to Mark Eliminates Entitlement to Pre-Suit Damages

Recently, in Packet Intelligence LLC v. NetScout Sys., Inc., No 19-2041 (July 14, 2020), the Court of Appeals for the Federal Circuit reversed a jury verdict of $3.5 million in pre-suit damages and vacated the trial court’s...more

Knobbe Martens

Pre-Complaint Damages for Willful Infringement Sunk by Failure to Comply With Marking Statute

Knobbe Martens on

Arctic Cat Inc. v. Bombardier Recreational Prods. Inc. Before Lourie, Moore, and Stoll. Appeal from the Southern District of Florida. Summary: To recover pre-complaint damages for infringement after sales of unmarked...more

5 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