Need another reason to secure and enforce design patents? Design patents offer a unique additional remedy in district court litigation: profit disgorgement. While design patent owners may still pursue the traditional remedies...more
The split among district courts as to whether the filing of a patent infringement complaint provides notice to a defendant of its infringing conduct sufficient to support a claim of willful infringement was the subject of a...more
On March 24, 2021, U.S. District Judge Colm F. Connolly of the District of Delaware, granted a defendant’s motion to dismiss claims for contributory and induced infringement and enhanced damages under 35 U.S.C. § 284 because...more
In Centripetal Networks, Inc. v. Cisco Systems, Inc., the U.S. District Court for the Eastern District of Virginia directed Cisco Systems to pay $1.9 billion after the company lost a patent suit brought by Centripetal...more
Recently in Nike, Inc. v. Skechers U.S.A., Inc., 2:17-cv-08509 (C.D. Cal.) (October 26, 2020), the U.S. District Court for the Central District of California granted-in-part and denied-in-part Defendant, Skechers U.S.A.,...more
On July 30, 2020, the U.S. District Court for the District of Delaware, in APS Technology, Inc. v. Vertex Downhole, Inc. et al, No. 19-cv-01166, denied Vertex Downhole’s Rule 12(b)(6) motion to dismiss APS’s patent...more
On July 13, 2020, the U.S. District Court for the Eastern District of Michigan, in Mich. Motor Techs., v. Volkswagen Aktiengesellschaft, No. 19-10485, granted Volkswagen’s motion to dismiss Michigan Motor Technologies’...more
In Halo Electronics, Inc. v. Pulse Electronics, Inc.,1 the Supreme Court held that 35 U.S.C. Section 284 provides for enhanced damages in egregious cases...more
Enhanced Damages Under the Patent Act - The Patent Act provides that once infringement has been established, a district court may “increase the damages up to three times the amount found or assessed.” 35 U.S.C. § 284. The...more
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
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
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
The prominent state of patent litigation in the United States and Germany is due not only to the size of its markets, but also to a recent increase in hearings before the U.S. International Trade Commission and the Patent...more
In a 7-2 decision, its first to address the extraterritorial scope of patent damages since passage of the modern patent act, the U.S. Supreme Court in WesternGeco LLC v. Ion Geophysical Corp., No. 16-1011 (June 22, 2018),...more
Jackson Walker partner Leisa Talbert Peschel spoke at the 14th Annual Advanced Patent Litigation Course on Thursday, July 12, at the U.S. Patent and Trademark Office’s Rocky Mountain Regional Office in Denver, Colorado. ...more
Patents are valuable intellectual property assets that grant their owners a limited monopoly over the sale and use of the patented subject matter for a fixed period of time. The patent permits its owner to recover potentially...more
While a U.S. patent provides the patent owner with a monopoly to prevent others from “making, using, offering for sale, or selling the invention throughout the United States,” there are significant limits to the...more
Lost Foreign Profits Awarded as Damages - It is an act of infringement under U.S. patent law to supply “in or from the United States” certain components of a patented invention with the intent that they “will be combined...more
On Friday, June 22, 2018, the Supreme Court issued its decision in WesternGeco LLC v. ION Geophysical Corporation, 585 U.S. ___, Slip. Op. No. 16-1011 (June 22, 2018), reversing the Federal Circuit and holding that...more
U.S. patent laws allow for the disgorgement of the "total profits" earned by a design patent infringer deemed to have applied the "patented design" to "any article of manufacture." The disgorged profits historically were...more
On June 22, 2018 in WesternGeco LLC v. Ion Geophysical Corporation, the Supreme Court held in a 7 – 2 decision written by Thomas J with Gorsuch and Breyer JJ dissenting that the loss of foreign profits resulting from the...more
On June 22, 2018, the United States Supreme Court held that a patent owner can collect lost foreign profits for use of an infringing product outside the U.S. The case involved WesternGeco LLC’s suit against ION Geophysical...more
In a June 22, 2018 decision, the U.S. Supreme Court confronted the intersection between patent law and the increasing pace of globalization. With increasing frequency, accused infringers have been citing the presumption...more
On Friday, June 22, 2018, in WesternGeco LLC v. Ion Geophysical Corp., No. 16-1011, the U.S. Supreme Court held that damages awards for infringement under 35 U.S.C. §271(f)(2) may include foreign lost profits. The ruling will...more
In a long-awaited decision, the United States Supreme Court on Friday held that WesternGeco is entitled to lost profits resulting from the infringing export from the U.S. of components of a patented system assembled and sold...more