Category Archives: Royalties

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

Docket No. 2016-2691, 2017-1875 DYK, CLEVENGER, CHEN July 3, 2018 Brief summary: DC claim constructions affirmed (e.g., no prosecution history estoppel) but damages determination based on the “entire market value rule” vacated and remanded since, e.g., PI “did not meet … Continue reading

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Exergen Corp. v. Kaz USA, Inc.

Docket No. 2016-2315, -2341 MOORE, BRYSON, HUGHES March 8, 2018 Non-precedential Brief summary: DC finding of § 101 eligibility affirmed as “the inventor” here “transformed the process into an inventive application”; jury determinations of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

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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

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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

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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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

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Rosebud LMS Inc. et al. v. Adobe Systems Incorporated

Docket No. 2015-1428 MOORE, HUGHES, STOLL February 9, 2016 Brief Summary: DC grant of SJ to Adobe as not liable for pre-issuance damages under 35 USC § 154(d) because it had no actual notice of the published patent application affirmed. … Continue reading

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