News & Analysis as of

Willful Infringement

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

The Supreme Court is taking another patent case, granting certiorari in WesternGeco v. Ion. A divided panel of the Circuit had ruled that the plaintiff was not entitled to lost profits as a result of the sale of components of...more

The Ultimate Reasonable Royalty Award Must be Based on the Incremental Value that the Patented Invention Adds

In Exmark Manufacturing Company Inc. v. Briggs & Stratton Power Products Group, LLC. [2016-2197] (January 12, 2018), the Federal Circuit vacated summary judgment that claim 1 of U.S. Patent No. 5,987,863 is not anticipated or...more

Exmark Manufacturing Company v. Briggs & Stratton Power

by Knobbe Martens on

Federal Circuit Summaries - Before Wallach, Chen, and Stoll. Appeal from the United States District Court for the District of Nebraska. Summary: Reexaminations of patents confirming validity are not dispositive of...more

Music Publishing Company Sues Spotify for $1.6 Billion

Spotify has a growing copyright problem and as previously discussed on this blog, they are no stranger to copyright infringement lawsuits. Wixen Music Publishing Inc. recently filed a complaint seeking $1.6 billion in...more

The Curious Case of Comic Con; Or is it Comic-Con?

by Workman Nydegger on

On Friday, December 8, 2017, a jury in San Diego, California found that Salt Lake Comic Con infringed the trademark of San Diego Comic-Con. The jury found, however, that the infringement was not willful and therefore awarded...more

Textile Design Similarity In The Eye Of The Beholder (The Jury): H&M Found Liable For Copyright Infringement

by Dorsey & Whitney LLP on

On December 7, a federal jury in Los Angeles awarded $846,720 in damages to Unicolors, Inc. in its suit against H&M Hennes & Mauritz, LP for copyright infringement of a textile design. Unicolors, Inc. v. H&M Hennes & Mauritz...more

Patent Owner Has Burden to Prove Marking Once Infringer Identifies Unmarked Products

In Arctic Cat Inc. v. Bombardier Recreational Products Inc., [2017-1475] (December 8, 2017), the Federal Circuit affirmed the district court’s denial of judgment as a matter of law as to obviousness, the jury’s royalty rate,...more

Intervening Rights Apply When There Is a Product that Infringes the Original Claim that Does Not Infringe the Amended Claim

In Presidio Components, Inc. v. American Technical Ceramics Corp. [2016-2607, 2016-2650] (November 21, 2017), the Federal Circuit affirmed the district court’s holdings that the claims are not indefinite and that American...more

Judge Sweet Allows a Plaintiff to Amend Its Complaint More Than 2 Years After It Was Originally Filedtheat

On October 26, 2017, District Judge Robert W. Sweet (S.D.N.Y.) granted plaintiff Olaf Soot Design, LLC (“OSD”) leave to amend its June 25, 2015 Complaint against Daktronics, Inc. and Daktronics Hoist, Inc. (collectively,...more

Federal Circuit Weighs In On Limiting Effect of Preambles

by White & Case LLP on

The Federal Circuit recently affirmed a district court decision that a claim preamble did not limit the claim scope, determining the defendant's non-infringement position based on the language of the preamble was properly...more

PTAB Invalidation of Patents Following Jury Verdict of Infringement Does Not Necessarily Impact Willfulness Finding

In a recent decision, Judge Schroeder of the Eastern District of Texas rejected the argument that decisions of the United State Patent and Trade Office (USPTO) invalidating patents held infringed by a jury means that a...more

2017 Supreme Court and Precedential Patent Cases From the Federal Circuit, With Some Significant Cases from 2016

Arbitration - Waymo v. Uber Technologies, 870 F.3d 1342 (Fed. Cir. 2017) - Waymo sued Uber and others for trade secret misappropriation and patent infringement. Uber contends that Waymo should be compelled to...more

Chief Judge Stark Rejects Motion for Enhanced Damages Award Due to the Public Interest in the Accused Hepatitis C Virus Treatments

Last month, following a jury verdict in federal district court in Delaware awarding Plaintiff Idenix Pharmaceuticals LLC $2.54 billion in damages—“the largest damages verdict ever returned in a patent [infringement]...more

Willful Infringement, Opinion Letters, & Post-Halo Trends

by Womble Bond Dickinson on

This short article aims to review recent trends in findings of willful patent infringement and enhanced damages, both in volume of motions made and the success rate of those motions. However, to appreciate current trends...more

Situations When Written Opinions of Counsel Could Spare You a Patent-Related Headache

In 2016, the U.S. Supreme Court issued a decision in the case of Halo Electronics, Inc. v. Pulse Electronics, Inc. making it easier for courts to find willful infringement in patent cases and award enhanced damages. Prior to...more

Red Wings vs Right Wings: Copyright Tarnishment and Other Lessons

by Revision Legal on

We wrote recently about our outrage at white nationalists modifying and using the Detroit Red Wing’s famous “winged wheel” logo. Our outrage continues and we take a closer look at the potential lawsuit that might be in order....more

Tatcha v. Too Faced: What Shade is your Trade Dress?

by Knobbe Martens on

Newcomer to the luxury cosmetics marketplace, Tatcha LLC (“Tatcha”), recently made a splash by filing a trade dress infringement lawsuit in the Northern District of California against Too Faced Cosmetics LLC (“Too Faced”), a...more

You Can Ignore Claim Language As Long As it is Before the Colon

In Georgetown Rail Equipment Company v. Holland L.P., [2016-2297] (August 1, 2017), the Federal Circuit affirmed judgment of infringement and the award of lost profits and enhanced damages for infringement of U.S. Patent No....more

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

Visual Memory v. Nvidia reverses the grant of a motion to dismiss under Rule 12(b)(6), ruling that the claims recite an enhanced computer memory system and not an abstract idea under § 101. In Georgetown Rail v. Holland, the...more

Patent Infringement Judgment Against ION Geophysical for its Sales of Seismic Survey Devices Reduced to $26 Million from Original...

by Knobbe Martens on

Patent Judgments and Awards - On July 26, 2017, after eight years of litigation and multiple appeals, a Texas federal court ordered ION Geophysical Corporation (“ION”) to pay WesternGeco L.L.C. (“WesternGeco”)...more

My Namesake Triumphs: Tiffany & Co. awarded $19.35 million

The four year saga ended (at least for now) with Tiffany & Co. being awarded for its vigorous fight to maintain its trademark and protect against genericide. As previously reported, Tiffany & Co. filed suit against Costco...more

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

This was a busy week for precedential cases at the Circuit. In AIA v. Avid, the Circuit rules that there is no right to a jury trial as to requests for attorney fees under § 285. In Romag v. Fossil, a majority rules that the...more

Hartmann Plant Company Ordered to Stop Selling Infringing Blueberry Plant Varieties after Admitting to Willfully Infringing...

by Knobbe Martens on

Patent Judgments & Awards - Univ. of Fla. Bd. of Trustees v. Hartmann’s Plant Co., No. 1:16-CV-00027-MW-GRJ (N.D. Fla.) - The University of Florida obtained patents covering new varieties of blueberry plants that can be...more

Minnesota Patent Litigation Wrap-Up – July 2017

by Fish & Richardson on

This post continues our monthly summary of patent litigation in the District of Minnesota, including short summaries of substantive orders issued in pending cases. In July 2017, there were three notable decisions for...more

CalAmp Hit with Treble Damages for Willful Infringement of a Patent Assertion Entity’s Portfolio of Auto Tracking Patents

by Knobbe Martens on

Patent Judgments & Awards - In a final judgment dated July 19, 2017, a Florida federal court awarded treble damages to Omega Patents, a non-practicing patent licensing entity, for the infringement of five patents directed...more

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