Category Archives: Lost Profits

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

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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

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Docket Nos. 2017-1302, -1513 NEWMAN, O’MALLEY, TARANTO September 1, 2017 Non-precedential Brief summary: DC decision finding that CardiAQ’a employees should have been named inventors on Neovasc’s patents and trade secret misappropriation.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

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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

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

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

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Warsaw Orthopedic, Inc. et al. v. NuVasive, Inc.

Docket No. 2013-1576 LOURIE, DYK, REYNA March 2, 2015 Brief Summary: Finding of the asserted claims of Warsaw’s 5,860,973 patent not invalid (infringement was not in dispute), the asserted claims of Warsaw’s 6,945,933 infringed under DOE (validity was not in … Continue reading

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