News & Analysis as of

Enhanced Damages

Quarles & Brady LLP

The Hapless Case of the Hookless Defendants: A Cautionary Tale on Treble Damages and Costly Attorneys’ Fees

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Launching a product, even a simple one, can be lucrative, but also presents risks, not the least of which is patent infringement. Before selling a product, it is wise to invest in patent clearance advice, which includes an...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

Kilpatrick

6 Key Takeaways | Patent Opinions – New Developments and Pitfalls

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Kilpatrick Townsend Partner Paul Haughey recently presented "Patent Opinions - New Developments and Pitfalls." These are the 6 key takeaways from his presentation....more

Kilpatrick

6 Key Takeaways - Patent Opinions – New Developments and Pitfalls

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Kilpatrick Townsend partner Paul Haughey recently presented to the IP section of the Utah Bar Association about “Patent Opinions – New Developments and Pitfalls.” The presentation was a review of patent opinion basics,...more

McDermott Will & Emery

The Halo Effect Won’t Cure Lack of Final Judgment

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The US Court of Appeals for the Federal Circuit dismissed the appeal of a disappointed movant seeking prejudgment interest and a new damages trial after concluding that the district court did not enter an appealable final...more

McDermott Will & Emery

Hit the Brakes: Experimental Use, Enhanced Damages Determinations Require Redo

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit reversed and remanded a district court decision regarding experimental use under 35 U.S.C. § 102(b) and the application of enhanced damages based on an allegedly flawed...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - May 2022

Sunoco Partners Marketing & Terminals L.P. v. U.S. Venture, Inc., Appeal Nos. 2020-1640, -1641 (Fed. Cir. Apr. 29, 2022) - Our case of the week has a little bit for everyone, including lost profits, reasonable royalties,...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

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

2021 PTAB Year in Review: Analysis & Trends: Interplay Between PTAB Proceedings and Recovery in District Court

In 2021, district courts were faced with resolving numerous requests by parties seeking attorney fees based on conduct in related USPTO Patent Trial and Appeal Board (PTAB) proceedings. Many of these requests came in the wake...more

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

2021 PTAB Year in Review: Analysis & Trends

[co-author: Jamie Dohopolski] Love it or hate it, ignore the USPTO Patent Trial and Appeal Board (PTAB) at your peril. The introduction of the PTAB as part of the America Invents Act over ten years ago has forever changed...more

Procopio, Cory, Hargreaves & Savitch LLP

Can A Patent Owner Claim Enhanced Damages in the Absence of Willful Infringement?

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

Procopio, Cory, Hargreaves & Savitch LLP

Willful Patent Infringement: Understanding and Preparing for Claims

What standard do U.S. courts apply in deciding claims for willful patent infringement and enhanced damages? Learn tips on how to avoid such damages, as well as a summary of the critical SRI International v. Cisco Systems...more

Procopio, Cory, Hargreaves & Savitch LLP

Is Receipt of a Complaint Sufficient Notice For Claims of Indirect or Willful Infringement?

Forum shopping among patent owners pursuing claims for patent infringement is widespread. One factor a plaintiff may consider in selecting a forum arises out of a split among district courts that the Federal Circuit has yet...more

Haug Partners LLP

Federal Circuit Clarifies the Willful Infringement Standard and Provides Insights on Conduct That is Exceptional in SRI v. Cisco

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The Federal Circuit in SRI Int’l, Inc. v. Cisco Sys., Inc., No. 20-1685, slip op. (Fed. Cir. Sep. 28, 2021) addressed the standards for willful infringement and enhanced damages, and provided insights on litigation tactics...more

Weintraub Tobin

Federal Circuit Clarifies Standards for Willful Patent Infringement and Enhanced Damages

Weintraub Tobin on

Willful patent infringement can result in enhanced, and in some case treble, damages but not in every instance. Because the standard for finding willful infringement has traditionally been lower than that for enhancing...more

Fox Rothschild LLP

Federal Circuit Clarifies Standards for Willful Infringement and Enhanced Damages While Reinstating, Affirming-in-Part and...

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By Memorandum Opinion entered on appeal from the United States District Court for the District of Delaware in SRI International, Inc. v. Cisco Systems, Inc., Case 20-1685 (Fed. Cir. September 28, 2021), the Federal Circuit...more

Mintz - Intellectual Property Viewpoints

District of Delaware Recites Policy Rationale for Dismissing Willful and Indirect Infringement Claims for Failure to Plead...

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

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

Mintz - Intellectual Property Viewpoints

No Pleading, No Problem: Court Denies Motion to Dismiss and Bifurcates Willful Infringement Determination, in Absence of...

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

Mintz - Intellectual Property Viewpoints

District of Delaware Goes against Prior Decisions and Declines to Dismiss Willful Infringement Claims Despite Failure to Allege...

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

Mintz - Intellectual Property Viewpoints

Eastern District of Michigan Dismisses Willful Infringement Claims for Failure to Allege Infringer's Knowledge and Egregious...

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

Fox Rothschild LLP

Judge Connolly Grants Defendants’ Motion To Dismiss Plaintiff’s Patent Infringement Claims In Part And Denies In Part

Fox Rothschild LLP on

By Memorandum Opinion entered by The Honorable Colm F. Connolly in Dynamic Data Technologies, LLC v. Brightcove Inc. et al., Civil Action No. 19-1190-CFC (D.Del. July 20, 2020), the Court denied in part and granted in part...more

Akin Gump Strauss Hauer & Feld LLP

Sufficiently Pleading Claims of Indirect and Willful Infringement: Alleging that Defendant Generally Monitored Competitors’...

The U.S. District Court for the District of Delaware recently rejected a plaintiff’s attempt to add to its complaint claims of induced infringement and enhanced damages based on pre-suit conduct. Specifically, the court held...more

Mintz - Intellectual Property Viewpoints

Motion to add willful infringement charge based entirely on post-suit activity is granted…because it is Unopposed

On June 26, 2020, the U.S. District Court for the District of Delaware, in VLSI Tech. LLC. v. Intel Corp, No. 18-0966-CFC, denied VLSI’s motion for leave to amend to add claims for willful infringement of U.S. Patent Nos....more

Manatt, Phelps & Phillips, LLP

Responses to Infringement Letters Can Reduce Risk of Willful Infringement

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

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