News & Analysis as of

Willful Infringement

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

Your Business May Be Infringing on a Patent. What Should You Do?

by PretiFlaherty on

What should your company do if it becomes aware of a patent having claims that appear to be relevant to one of its products or receives a cease and desist letter charging infringement?...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

Back to the Future: Saving Millions with Opinions of Counsel Post-Halo

by Miles & Stockbridge P.C. on

After a decade of atrophy, opinions of counsel may again be an essential part of any defensive patent strategy due to recent changes in the law. The Supreme Court in Halo overruled the Federal Circuit’s Seagate test for...more

Tea Rose, Swiss Cheese and Slam Dunk Evidence of Infringement – The 9th Circuit Weighs in on Remote Geographic Trademark Users

by Dorsey & Whitney LLP on

When two different companies adopt confusingly similar trademarks and use them in different parts of the United States, complications ensue. The adjudication of the respective rights of the parties will depend on the...more

Ninth Circuit Confirms Willfulness is Required to Award Profits in Trademark Cases

by Fenwick & West LLP on

The U.S. Court of Appeals for the Ninth Circuit reaffirmed its commitment to the rule that willfulness is a prerequisite for disgorgement of a trademark infringer’s profits in Stone Creek v. Omnia Italian Design, Case No....more

Pleading Willfulness – One Year Post-Halo

by Fish & Richardson on

Just over a year ago, the Supreme Court issued its decision in Halo Electronics, Inc. v. Pulse Electronics, Inc., 136 S. Ct. 1923 (2016). Halo abrogated the Federal Circuit’s two-part willfulness test, which the Federal...more

Pumping Up Exceptional Cases Under the Octane Fitness Standard

A flurry of activity from various courts this past week on “exceptional cases” under Section 285 of the Patent Act provided notable guidance for practitioners and patent owners, with a particular emphasis on the motivation...more

The Halo Effect – Making Angels Out of Infringers?

Historically, patent owners have pled willful infringement in an effort to support the collection of enhanced damages from an infringer. Typically, if there was willful infringement the damages were enhanced and often...more

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