W.L. Gore & Associates, Inc. v. GI Dynamics, Inc.
Court denies summary judgment motion, finding sufficient damages evidence for misappropriation of trade secrets—even for early-stage technology—based on the actual pricing data by the competitor, which valued the risk at various stages of development.
Federal Circuit Permits Discovery of License Negotiations
Federal Circuit finds that settlement negotiations related to reasonable royalty and damage calculations are not protected by particular privilege, but are subject to discovery, in addition to the settlement agreements themselves.
Using Lump-Sum Settlements to Derive Reasonable Royalties
Court affirms expert’s use of prior lump sum settlement agreement in calculating reasonable royalty for infringement damages under the market approach, after showing that no other licenses existed and the settlement agreement directly related to the paten ...
Defendant Tries Every Pretrial Tactic to Avoid Trial on Patent Damages
District court finds that entire market value rule applies only when unpatented features are combined with patented invention, denying this and numerous other objections by defendant to plaintiff’s reasonable royalty calculations.
Apple, Inc. v. Motorola Mobility, Inc. (I)
Federal court dismisses all the damages expert in the case, for both parties, for failure to calculate damages based on reliable consumer surveys and the “real world” cost of infringement alternatives.
