Category Archives: Damages

Exmark Mfg. Co. Inc. v. Briggs & Stratton Power Products Group, LLC

Docket Nos. 2016-2197 WALLACH, CHEN, STOLL January 12, 2018 Brief summary: DC decision vacated and remanded as expert opinion on damages was insufficient, and to determine whether Briggs’ prior art defenses were “litigation-inspired” (Halo, US 2017). Summary: Briggs appealed the … Continue reading

Posted in Anticipation (35 USC 102), Damages, Expert Testimony, Indefiniteness, Laches, Obviousness, Reexamination, Willfullness | Leave a comment

Finjan, Inc. v. Blue Coat Systems, Inc.

Docket Nos. 2016-2520 DYK, LINN, HUGHES January 10, 2018 Brief summary: DC decision that Finjan’s ‘844 patent is directed to § 101 patent eligible subject matter (“a new kind of file that enables a computer system to do things it … Continue reading

Posted in Damages, Infringement, Patentability, Royalties | Leave a comment

Arctic Cat Inv. V. Bombardier Recreational Products Inc. et al.

Docket Nos. 2017-1475 MOORE, PLAGER, STOLL December 7, 2017 Brief summary: DC denial of BRP’s JMOL that the asserted claims would have been obvious and that the royalty, willfulness and trebling of damages were improper affirmed. Patent marking issue vacated … Continue reading

Posted in Damages, Obviousness, Obviousness-Teaching Away, Royalties, Willfullness | Leave a comment

Presidio Components, Inc. v. American Technical Ceramics Corp.

Docket No. 2016-2607, -2650 DYK, MOORE, TARANTO November 21, 2017 Brief summary: DC conclusion of no indefiniteness, that “ATC was entitled to the defense of absolute intervening rights”, and denial of enhanced damages affirmed. Award of lost profits and permanent … Continue reading

Posted in Damages, Indefiniteness, Injunction, Lost Profits | Leave a comment

Promega Corporation et al. v. Life Technologies Corporation et al.

Docket No. 2013-1011, -1029, -1376 PROST, MAYER, CHEN November 13, 2017 Brief summary: DC grant of Life’s motion for JMOL that Promega failed to prove infringement under § 271(a) and (f)(1), and its “vacatur of the [DC’s] denial of Promega’s … Continue reading

Posted in Damages, Lost Profits, Royalties | Leave a comment

Mentor Graphics Corporation v. Eve-USA, Inc. et al. (Synopsys)

Docket Nos. 2015-1470, -1554, -1556 On Petition for Rehearing En Banc September 1, 2017 Brief summary: Petitions for panel rehearing and rehearing en banc of the March 16, 2017 FC panel decision affirming the damages award and the grant of … Continue reading

Posted in Assignment / Ownership, Damages | Leave a comment

CardiAQ Valve Technologies, Inc. v. Neovasc Inc. et al.

Docket Nos. 2017-1302, -1513 NEWMAN, O’MALLEY, TARANTO September 1, 2017 Non-precedential Brief summary: DC decision finding that CardiAQ’a employees should have been named inventors on Neovasc’s patents and trade secret misappropriation. Summary: Neovasc appealed DC on finding that CardiAQ’a employees … Continue reading

Posted in Damages, Inventorship, Lost Profits, Trade Secret | Leave a comment