Trial Court Misinterprets Damages Rules for Design Patent Violation
Federal Circuit rejects design patent infringement award where prevailing expert improperly apportioned the infringer’s profits and jury failed to determine infringer’s profits but, against the weight of the evidence, simply stated they equaled zero.
Nordock, Inc. v. Systems, Inc.
Federal Circuit rejects design patent infringement award where prevailing expert improperly apportioned the infringer’s profits and jury failed to determine infringer’s profits but, against the weight of the evidence, simply stated they equaled zero.
Technology Recycling Corp. v. Woodward-Manchester Corp.
The Michigan Court of Appeals reversed a trial court's award for exemplary damages, which roughly equated Technology Recycling's lost profits estimate, because lost profits may not be awarded as exemplary damages but may be awarded as compensatory damages.
Balance Dynamics Corporation v. Schmitt Industries, Incorporated
On an issue of first impression, the Sixth Circuit concluded that Balance Dynamics could recover its damage control costs under the Lanham Act which stemmed from Schmitt Industries' false advertising. The court determined that recovery was based on a thr ...
Damage Control Costs Recovered Under the Lanham Act
On an issue of first impression, the Sixth Circuit concluded that Balance Dynamics could recover its damage control costs under the Lanham Act which stemmed from Schmitt Industries' false advertising. The court determined that recovery was based on a thr ...