Topic
Patent Damages
30 published works
Global IP & Technology Law Blog
Federal Circuit Strikes Down Millions in Damages Tied to Foreign Sales, with a Lesson for Future Litigants
By Xiaomei Cai, Alex Wolcott, Tamara Fraizer
The Federal Circuit’s recent decision in the litigation between Columbia University and Gen Digital is notable not only for its treatment of software patent eligibility, but also for what it…
The Patent Playbook
A Looming <em>En Banc</em> Decision with Potentially Damaging Consequences – <em>EcoFactor v. Google </em>
By Erik Milch, Elizabeth Shrieves
For anyone following the evolving admissibility standards for expert opinions relating to patent damages, the EcoFactor v. Google case is one to watch. In December 2024, the Federal Circuit granted…
Canadian Lawyer Mag
In plastics patent case, SCC clarifies the calculation of profits awarded for infringement
Court found 'springboard profits,' profits earned after patent expiry, are also owed to patent holder
SWIPLit Blog
Federal Circuit Rejects Two-Tiered Royalty Patent Damages
By Dan Staren
By Dan Staren and David Barker Last week, a Federal Circuit panel vacated a billion dollar jury verdict in favor of plaintiff-appellee California Institute of Technology (“Caltech”) and remanded for…
Intellectual Property Law Blog
Historic $130m+ Patent Infringement Award Against the United States of America
By Bradley Graveline, Kazim Naqvi
A Sheppard Mullin trial team led by partners Brad Graveline and Laura Burson obtained one of the largest patent infringement damages awards against the United States of America for client…
IP Update
Failure to Mark Can Put Damages Underwater
By Jodi Benassi
The US Court of Appeals for the Federal Circuit affirmed that patented articles must be marked in order for the patentee to recover pre-notification or pre-complaint damages. Arctic Cat Inc.…
The IP Law Blog
Patent License Royalty Rates are Strong Evidence of Damages
The Federal Circuit Court of Appeals has affirmed a jury verdict of $140 million in a patent infringement case. The damages were based on a reasonable royalty. The case is…
The IP Law Blog
Federal Circuit Limits Patent Infringement Damages
The Federal Circuit Court of Appeals has taken aim at sky-high patent infringement damages. In Power Integrations, Inc. v. Fairchild Semiconductor International, Inc., 2018 U.S. App. LEXIS 18177 (July 3,…
The IP Law Blog
Recovery of Lost Foreign Profits for Infringement of a U.S. Patent
While a U.S. patent provides the patent owner with a monopoly to prevent others from “making, using, offering for sale, or selling the invention throughout the United States,” there are…
The IP Law Blog
Federal Circuit Weighs in on Reasonable Royalties as Patent Infringement Damages
In Exmark Manufacturing Company v. Briggs & Stratton Power Products, 2018 U.S. App. LEXIS 783 (Fed. Cir. 2018), the Federal Court of Appeals addressed patent infringement damages based on a…