Category Archives: Damages

DC erred in denying ownership of foreign patents arising from non-disclosure agreement

SiOnyx LLC et al. v. Hamamatsu Photonics K.K. et al. Docket No. 2019-2359, 2020-1217 ( LOURIE, REYNA, WALLACH December 7, 2020 Brief Summary:  DC erred in failing to transfer ownership of foreign patents arising from confidential information disclosed under an … Continue reading

Posted in Assignment / Ownership, Damages, Licensing, Unjust enrichment | Leave a comment

Infringement by GSK’s inhalers and damages determination affirmed

Vectura Limited v. GlaxoSmithKline LLC et al. Docket No. 2020-1054 ( PROST, BRYSON, WALLACH November 19, 2020 Brief Summary:  DC finding that GSK’s inhaler composition infringe Vectura’s patent and the ~$90 million damages award affirmed. Summary:  GSK appealed jury finding … Continue reading

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Teva’s ANDA carve-out does not save it from induced infringement (“when the provider of an identical product knows of and markets the same product for intended direct infringing activity, the criteria of induced infringement are met”)

GlaxoSmithKline LLC, et al. v. Teva Pharmaceuticals USA, Inc. Docket No. 2018-1976, -2023 PROST, NEWMAN, MOORE October 2, 2020 Brief Summary:  GSK appealed DC judgment of a matter of law (JMOL) finding no induced infringement of RE40,000 by Teva’s Coreg® … Continue reading

Posted in Damages, Generics / ANDA, Inducement to Infringe, Willfullness | Leave a comment

DC infringement decision affirmed for one patent, preambles found limiting as to two others, money damages affirmed, injunction for two of four accused products vacated

Bio-Rad Labs., Inc., The Univ. of Chicago v. 10X Genomics Inc. Docket No. 2019-2255, -2285 NEWMAN, O’MALLEY, TARANTO August 3, 2020 Brief Summary: DC decision of infringement of ‘083 patent under DOE affirmed; preamble found to limit ‘407 and ‘193 … Continue reading

Posted in Claim Vitiation, Damages, Doctrine of equivalents, Infringement, Willfullness | Leave a comment

Corrected assignment effective to show ownership, willful infringement finding and prejudgment interest award affirmed

Jodi A. Schwendimann, Cooler Concepts, Inc. v. Arkwright Advanced Coating, Inc. Docket No. 2018-2416, 2019-1012 O’MALLEY, REYNA, WALLACH May 13, 2020 Brief Summary: DC finding of willful infringement and award of prejudgment interest affirmed; “corrected nunc pro tunc” assignment effective … Continue reading

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Omega Patents, LLC v. CalAmp Corp.

Docket No. 2018-1309 PROST, DYK, WALLACH April 8, 2019 Brief summary: DC decision finding infringement of ‘727 claim 1 affirmed; others reversed and remanded for state of mind analysis and to determine whether there were predicate acts of infringement; willfulness … Continue reading

Posted in Attorney's Fees, Claim Construction, Damages, Inducement to Infringe, Infringement, Willfullness | Leave a comment

TEK Global, et al. v. Sealant Systems Int., Inc. et al.

Docket No. 2017-2507 REYNA, TARANTO, CHEN March 29, 2019 Brief summary: DC finding of infringement, damages, and grant of PI affirmed; SSI granted a new trial on invalidity (on remand, DC improperly foreclosed SSI from presenting new obviousness theories). Summary: … Continue reading

Posted in Damages, Infringement, Lost Profits, Means-plus-function, Royalties | Leave a comment

SRI Int., Inc. v. Cisco Systems, Inc.

Docket No. 2017-2223 LOURIE (D), O’MALLEY, STOLL March 20, 2019 Brief summary: DC finding of patent eligibility under § 101 affirmed; award of attorney fees vacated and remanded “solely for recalculation”. Summary: Cisco appealed DC denial of its motion for … Continue reading

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

Enplas Display Device Corp. et al. v. Seoul Semiconductor Company, Ltd.

Docket Nos. 2016-2599 NEWMAN, HUGHES, STOLL Nov. 19, 2018 Brief summary: DC findings of no anticipation affirmed; damages award vacated (e.g., “damages calculated by applying a royalty rate to sales of non-accused lenses cannot support a jury’s verdict on damages”). … Continue reading

Posted in Anticipation (35 USC 102), Contributory Infringement, Damages, Inducement to Infringe, Royalties | Leave a comment

Power Integrations, Inc. v. Fairchild Semiconductor Int., et al.

Docket No. 2016-2691, 2017-1875 DYK, CLEVENGER, CHEN July 3, 2018 (updated September 25, 2018) Update: Original opinion modified on Sept. 20, 2018 following a petition for rehearing filed by Power Integrations (PI) but the same decisions were reached (DC claim … Continue reading

Posted in Claim Construction, Damages, Doctrine of equivalents, Infringement, Royalties | Leave a comment