Category Archives: Lost Profits

DC correctly construed claims (e.g., “and” means “and/or”) but improperly denied pre-judgment interest

Posted on June 16, 2022 by Patrick J. Halloran, Ph.D., J.D.

Micheal Philip Kaufman v. Microsoft Corporation Docket No. 2021-1634, -1691 (https://cafc.uscourts.gov/opinions-orders/21-1634.OPINION.5-20-2022_1954422.pdf) DYK, TARANTO, CUNNINGHAM May 20, 2022 Brief Summary:   DC claim construction affirmed but denial of pre-judgment interest reversed. Summary:  Mr. Kaufman appealed the DC’s denial of his motion … Continue reading →

Posted in Appeal, Claim Construction, Damages, Lost Profits, Preamble, Royalties | Leave a comment

DC denial of on-sale bar defense reversed; claim construction affirmed; grant of enhanced damages reversed based on attorney opinion; reasonably royalty affirmed

Posted on May 12, 2022 by Patrick J. Halloran, Ph.D., J.D.

Sunoco Partners Marketing & Terminals, L.P. v. U.S. Venture, Inc. et al. (“Venture”) Docket No. 2020-1640, -1641 (https://cafc.uscourts.gov/opinions-orders/20-1640.OPINION.4-29-2022_1943607.pdf) PROST, REYNA, STOLL April 29, 2022 Brief Summary:  DC denial of on-sale bar defense reversed; claim construction affirmed; grant of enhanced damages … Continue reading →

Posted in Claim Construction, Claim Differentiation, Damages, Experimental Use, Expert Testimony, Infringement, Lost Profits, On-Sale Bar, Royalties, Willfullness | Leave a comment

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

Posted on April 4, 2019 by Patrick J. Halloran, Ph.D., J.D.

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

WesternGeco LLC v. Ion Geophysical Corp.

Posted on June 26, 2018 by Patrick J. Halloran, Ph.D., J.D.

Docket No. 16-1011 PROST, MOORE, STOLL June 22, 2018 Brief summary: SCOTUS reversed the FC, holding that WG’s “award for [extraterritorial] lost profits was a permissible domestic application of §284”. Summary: WesternGeco (WG) sued Ion Geophysical (ION), alleging ION infringed … Continue reading →

Posted in Damages, Lost Profits, U.S. Supreme Court | Leave a comment

Exergen Corp. v. Kaz USA, Inc.

Posted on March 14, 2018 by Patrick J. Halloran, Ph.D., J.D.

Docket No. 2016-2315, -2341 MOORE, BRYSON, HUGHES March 8, 2018 Non-precedential Brief summary: DC finding of § 101 eligibility affirmed as “the inventor” here “transformed the process into an inventive application”; jury determinations of infringement and damages affirmed for the … Continue reading →

Posted in Infringement, Lost Profits, Patentability, Royalties | Leave a comment

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

Posted on November 24, 2017 by Patrick J. Halloran, Ph.D., J.D.

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.

Posted on November 15, 2017 by Patrick J. Halloran, Ph.D., J.D.

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

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

Posted on September 6, 2017 by Patrick J. Halloran, Ph.D., J.D.

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

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

Posted on September 15, 2016 by Patrick J. Halloran, Ph.D., J.D.

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

Akamai Technologies, Inc. et al. v. Limelight Networks, Inc.

Posted on December 1, 2015 by Patrick J. Halloran, Ph.D., J.D.

Docket Nos. 2009-1372, 2009-1380, 2009-1416, 2009-1417 PROST, LINN, MOORE November 16, 2015 Brief Summary: DC claim constructions affirmed (Limelight cannot argue for a construction at the jury instruction stage different from that framing “the bulk of the trial…and directed by … Continue reading →

Posted in Claim Construction, Damages, Lost Profits | Leave a comment