Category Archives: Damages

Genband US LLC v. Metaswitch Networks Corp., et al.

Docket No. 2017-1148 LOURIE, TARANTO, CHEN July 10, 2017 Brief summary: DC denial of preliminary injunction vacated and remanded as it was not clear it applied the appropriate standards regarding the “‘causal nexus’ between the infringing features of the infringer’s … Continue reading

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Halo Electronics, Inc. v. Pulse Electronics, Inc. et al.

Docket No. 2016-2006 LOURIE, MOORE, HUGHES May 26, 2017 Brief Summary: FC panel determined it lacked jurisdiction under § 1295(a)(1) or § 1295(c)(2) because “the order appealed from is itself non-final”. Summary: Pulse appealed from DC’s award of prejudgment interest … Continue reading

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Rembrandt Wireless Technologies L.P. v. Samsung Electronics Co., Ltd. et al.

Docket No. 2016-1729 TARANTO, CHEN, STOLL April 17, 2017 Brief Summary: DC claim construction based on prosecution history estoppel affirmed (“patentee’s use of ‘i.e.,’ in the intrinsic record…is often definitional”). DC non-obviousness conclusion affirmed. Royalty calculation affirmed. FC found “disclaimer … Continue reading

Posted in Claim Construction, Damages, Inter Parties Review (IPR), Obviousness, Patent Marking, Royalties | Leave a comment

Asetek Danmark A/S v. CMI USA Inc. et al.

Docket No. 2016-1026, -1183 PROST, REYNA, HUGHES December 6, 2016 Update (April 3, 2017): DC rulings on infringement (yes), invalidity (no), and damages affirmed. Remanded “insofar as the injunction reaches conduct by Cooler Master (regarding the covered products) that goes … Continue reading

Posted in Claim Preclusion, Contributory Infringement, Damages, Infringement | Leave a comment

Drone Technologies, Inc. v. Parrot S.A.

Docket No. 2015-1892, -1955 NEWMAN, SCHALL, CHEN September 29, 2016 Brief Summary: DC decision award of damages and attorney fees /default judgment vacated and remanded, while its decision not to consider inventorship issues was affirmed. Summary: Parrot appealed DC award … Continue reading

Posted in Assignment / Ownership, Attorney's Fees, Damages, Inventorship, Software | Leave a comment

Stryker Corporation et al. v. Zimmer, Inc. et al.

Docket No. 2013-1668 PROST, NEWMAN, HUGHES September 12, 2016 Brief Summary: FC panel affirmed DC finding of infringement, willfulness and no invalidity affirmed. Award of treble damages and attorneys fees vacated and remanded “because the standard for finding an exceptional … Continue reading

Posted in Anticipation (35 USC 102), Attorney's Fees, Claim Construction, Damages, Infringement, Lost Profits, Obviousness, Patent Marking, Willfullness | Leave a comment

Halo Electronics, Inc. v. Pulse Electronics, Inc. / Stryker Corporation et al. v. Zimmer, Inc. et al.

SCOTUS Docket Nos. 14-1513, -1520 June 13, 2016 Brief Summary: FC judgments finding neither Halo nor Stryker subject to enhanced damages under § 284 since the Seagate test “is unduly rigid, and it impermissibly encumbers the statutory grant of discretion … Continue reading

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