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Damages Willful Infringement

AEON Law

Jury Awards Record Damages in AI-Assisted Copyright Infringement Case

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A California jury has awarded a photographer reportedly the “largest maximum statutory damages verdict for photography infringement in U.S. history,” according to the photographer’s lawyer. The jury awarded $150,000 in...more

Proskauer - Minding Your Business

Conduct Over Confusion: Supreme Court Holds Lanham Act to the Presumption Against Extraterritoriality

In April, we discussed oral arguments at the Supreme Court for Abitron Austria GmbH et al. v. Hetronic International, Inc., a case in which the Supreme Court considered the extraterritorial reach of the Lanham Act (“Act”) for...more

AEON Law

Patent Poetry: Jury Finds Google Infringed Audio Patents, Awards $15 million

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A federal court jury in Delaware has awarded $15.1 million in damages to a company that claimed Google infringed two of its audio programming patents. The patents at issue are US Patent Nos. 6,199,076 and 7,509,178. The...more

Neal, Gerber & Eisenberg LLP

Client Alert: SCOTUS Holds that Federal Trademark Law Cannot Be Applied to Foreign Conduct in Abitron v. Hetronic

On June 29, 2023, the Supreme Court ruled that the Lanham Act does not apply to infringing use of a trademark outside of the United States. In doing so, the Court overturned a damages award of over $90 million associated with...more

McDermott Will & Emery

A Single Picture Database Is Worth a Thousand Statutory Damages Awards

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In the latest appeal of a copyright infringement dispute, the US Court of Appeals for the Ninth Circuit upheld the lower court’s finding that the copyright owner’s photographs were not part of a single compilation for...more

Haug Partners LLP

A U.S. View on the UPC – Part 2: Damages

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On June 1, 2023, the new European Unified Patent Court (UPC) will open its doors, and enforcement of European patents in (currently) 17 contract member states will be possible with one action.  This series of articles –...more

Fish & Richardson

Texas Patent Litigation Monthly Wrap-Up: March 2023

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March's Texas Patent Litigation Monthly Wrap-Up covers decisions addressing post-verdict JMOL, the point at which cases become exceptional, and the standard for amending invalidity contentions, among other issues....more

Dinsmore & Shohl LLP

SCOTUS Set to Address United States Trademark Law’s International Reach

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On March 21, 2023, the Supreme Court of the United States heard oral argument in Abitron Austria GmbH, et al. (“Abitron et al.”) v. Hetronic International, Inc. (“Hetronic”) on an issue it has not squarely addressed in seven...more

Mintz - Intellectual Property Viewpoints

Judge Albright Holds Willful Infringement Pleading Does Not Require Allegations of Egregious Infringing Behavior

On July 12, 2022, U.S. District Judge Alan D. Albright of the Western District of Texas denied alleged infringer Lenovo’s motion to dismiss ACQIS’s willful and indirect infringement and enhanced damages claims, holding that...more

Knobbe Martens

Federal Circuit Review - June 2022

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Claims With Clerical Errors Can Be Judicially Corrected and Willfully Infringed - In Pavo Solutions LLC v. Kingston Technology Company, Inc., Appeal No. 21-1834, the Federal Circuit held that a court can correct obvious...more

McDermott Will & Emery

Can’t Hide Behind Minor Clerical Error to Escape Willful Infringement Verdict

The US Court of Appeals for the Federal Circuit affirmed a district court decision correcting a clerical error in a claim. Pavo Solutions LLC v. Kingston Technology Company, Inc., Case Nos. 21-1834 (Fed. Cir. June 3, 2022)...more

Foster Garvey PC

Stone Brewing Co. LLC v. Molson Coors Brewing Company – Ruling in Trademark Infringement Brewery Battle Serves Up Important...

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On March 25, 2022, after a contentious, four year-long court battle, a jury awarded Stone Brewing Co. $56 million in damages against beer conglomerate MillerCoors, now Molson Coors, finding that MillerCoors infringed the...more

Procopio, Cory, Hargreaves & Savitch LLP

The Latest from the Federal Courts: More Uncertainty Regarding Willful Infringement and Enhanced Damages

District courts continue to issue thought-provoking decisions relating to enhanced damages in patent cases. Recently William Alsup of the Northern District of California weighed in on several issues. The focus of Judge...more

Mintz - Intellectual Property Viewpoints

Federal Circuit Clarifies that Willful Infringement Does Not Require Egregious Conduct

On September 28, 2021, in a precedential opinion, the United States Court of Appeals for the Federal Circuit, in SRI Int’l, Inc. v. Cisco Systems, Inc., Nos. 2020-1685, -1704, clarified its decision from a prior appeal in the...more

Knobbe Martens

Willful Infringement Does Not Require “Wanton, Malicious, and Bad-Faith” Behavior

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SRI INTERNATIONAL, INC. v. CISCO SYSTEMS, INC. Before LOURIE, O’MALLEY, and STOLL. Appeals from the United States District Court for the District of Delaware. Summary: Applying the proper test for willful...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - March 2021 #2

Rain Computing, Inc. v. Samsung Electronics America, Inc., Appeal Nos. 2020-1646, -1656 (Fed. Cir. Mar. 2, 2021) - Our Case of the Week focuses on the issue of indefiniteness, and particularly, terms that are construed as...more

Manatt, Phelps & Phillips, LLP

Cisco Ordered to Pay Over $1 Billion in Enhanced Damages for Willful Infringement

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

Greenberg Glusker LLP

Supreme Court Unanimously Holds that Willfulness is Not a Prerequisite for an Award Disgorging Trademark Infringer’s Profits

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On April 23, 2020, the United States Supreme Court unanimously held that the Lanham Act does not require a showing of willful infringement to justify an award of defendant’s profits to the plaintiff. Romag Fasteners, Inc. v....more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - April 2020

The April 2020 issue of Sterne Kessler's MarkIt to Market® newsletter discusses a precedential Federal Circuit ruling about color marks for product packaging, takeaways from a recent Supreme Court decision regarding when an...more

McDonnell Boehnen Hulbert & Berghoff LLP

Arctic Cat Inc. v. Bombardier Recreational Products Inc. (Fed. Cir. 2020)

The patent marking statute, codified at 35 U.S.C. § 287(a) appears straightforward: Patentees, and persons making, offering for sale, or selling within the United States any patented article for or under them, or importing...more

Knobbe Martens

Wells Fargo Twice Found Guilty of Willfully Infringing Patents on Remote Check Depositing Technology

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USAA filed multiple patent infringement lawsuits against Wells Fargo, alleging widespread infringement of USAA’s patented technologies on remote check deposits for mobile banking systems. Last November, a jury in a first case...more

Knobbe Martens

North Carolina Jury Finds Dubose Strapping Inc. Liable for Willful Patent Infringement

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Western Plastics sued Dubose Strapping for infringing a patent covering a material for wrapping rolls of metal coil. Both parties compete in the metal industry and sell a similar wrap...more

Akin Gump Strauss Hauer & Feld LLP

Defendant’s “Staged Delay” in Withdrawing FRAND Affirmative Defenses Amounted to “Rank Gamesmanship” and Supported an Award of...

Chief Judge Gilstrap of the Eastern District of Texas held that the litigation conduct of defendants Huawei Device USA, Inc. and Huawei Device (Shenzhen) Co., Ltd. (collectively, “Huawei”), in a patent infringement action,...more

McDermott Will & Emery

No Shelter for Willful Infringement of Distributor’s Trademarks

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The US Court of Appeals for the Seventh Circuit affirmed a district court’s finding of trademark infringement and award of damages against a manufacturer of storm shelters and its owner, and went a step further by ordering...more

Knobbe Martens

Judgment Entered Against Westinghouse For Willful Patent Infringement

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Earlier this year, a federal jury in Delaware found that Westinghouse Air Brake d/b/a Wabtec infringed eight patents owned by Siemens Mobility, including finding willful infringement as to two of the patents. The asserted...more

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