News & Analysis as of

Apportionment Appellate Courts

Sheppard Mullin Richter & Hampton LLP

Trade Secret Trouble: Fifth Circuit Upholds Vacatur of $75 Million Damages Award

On January 21, 2026, the U.S. Court of Appeals for the Fifth Circuit issued a decision in Trinseo Europe GmbH v. Kellogg Brown & Root, L.L.C., et al that has massive implications for those prosecuting or defending trade...more

Seyfarth Shaw LLP

Left With Nothing But An Injunction: Fifth Circuit Vacates $75 Million Trade Secret Verdict After Plaintiff Fails to Apportion...

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In a case that should stand as a strong reminder to apportion your damages whenever possible, the Fifth Circuit Court of Appeals affirmed a significant post‑trial ruling in Trinseo Europe GmbH v. Harper, et al., upholding the...more

Haug Partners LLP

$10 Million Jury Award Reduced to $1 by Delaware District Court following JMOL Motion in Rex v. Intuitive: Federal Circuit Affirms

Haug Partners LLP on

In Rex Medical, L.P., v. Intuitive Surgical, Inc. (“Rex”), the Federal Circuit affirmed the District Court’s reduction of a jury award from $10 million to $1. At trial, with no damages experts testifying, a jury awarded $10...more

Irwin IP LLP

Federal Circuit Affirms $1 Nominal Damages Where Failure to Apportion Renders Damages Expert’s Testimony Unreliable 

Irwin IP LLP on

Rex Medical, L.P. v. Intuitive Surgical, Inc., Case No. 24-1072 (Fed. Cir. Oct. 2, 2025) - The Federal Circuit’s opinion in Rex Medical, L.P. v. Intuitive Surgical, Inc. underscores the judiciary’s strict insistence on...more

White & Case LLP

Federal Circuit Says Where Expert Evidence is Insufficient, Patent Damages Can Be Nominal

White & Case LLP on

On October 2, 2025, in Rex Medical, LP v. Intuitive Surgical, Inc., Nos. 2024-1072, 2024-1125, the U.S. Court of Appeals for the Federal Circuit affirmed a district court's preclusion of Rex's patent damages expert from...more

McDermott Will & Schulte

Damages? Apportionment among licensed properties is essential, $10 million award reduced to $1

McDermott Will & Schulte on

The US Court of Appeals for the Federal Circuit affirmed a district court decision excluding a damages expert’s testimony and reducing a jury’s $10 million damages award to nominal damages. The Court found that the plaintiff...more

McDermott Will & Schulte

Washington Department of Revenue Announces LendingTree Decision Does Not Prevent Sourcing of Services to Customer's Customer...

The Washington State Department of Revenue (the “Department”) recently announced its interpretation of the Washington Court of Appeals’ March 30, 2020, adverse ruling in LendingTree, LLC v. Dep’t of Revenue, no. 80637-8-I...more

McDermott Will & Schulte

Washington Appellate Court Rejects Department’s B&O Tax Apportionment Method

In a recently issued taxpayer-favorable opinion, the Washington Appellate Court rejected the apportionment methodology used by the Department of Revenue, which sourced service receipts to the location of a taxpayer’s...more

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