Appliance Stores
This industry comprises establishments primarily engaged in one of the following: (1) retailing an array of new household-type appliances and consumer-type electronic products, such as televisions, computers, electronic tablets, and cameras; (2) specializing in retailing a single line of new consumer-type electronic products; (3) retailing these new products in combination with repair and support services; (4) retailing new prepackaged or downloadable computer software (without publishing); and/or (5) retailing prerecorded audio and video media, such as downloadable digital music and video files (without production or publishing), CDs, and DVDs.
Federal Circuit Court Affirms Requirements for Entire Market Value Rule
Federal Circuit Court upholds application of entire market value rule to calculation of patent infringement damages when plaintiff showed that patented features of apparatus was basis for consumer demand.
Funai Electric Co. v. Daewoo Electronics Corp. (II)
Federal Circuit Court upholds application of entire market value rule to calculation of patent infringement damages when plaintiff showed that patented features of apparatus was basis for consumer demand.
Keeping Market Share Reconstruction From Lapsing Into Speculation
Court upholds $9.5 million damages award for patent infringement based on market share method and reasonable royalty analysis.
Funai Electric Co. v. Daewoo Electronics Corp. (I)
Court upholds $9.5 million damages award for patent infringement based on market share method and reasonable royalty analysis.
Cooper Distributing Co., Inc. v. Amana Refrigeration, Inc.
At issue is the valuation of an appliance distributor franchise.
Value of a Business Must Be Objectively Determined; Lost Profits May Be Included in Fair Market Value
Amana Refrigeration terminated its distribution relationship with Cooper Distributing for reasons other than unsatisfactory performance on Cooper's part.
Valuation Date Does Not Reflect All Lost Profits
The U.S. Court of Appeals for the 3rd Circuit considered the district court's damage award in termination of franchise matter.