Lost Profits for Lost Sales and Price Erosion Considered
The U.S. Court of Federal Appeals affirmed an award of lost profits for patent infringement and price erosion. It found that the award was established by testimony from a CPA who established the markets using sound economic evidence, even though it was ba ...
Oyster Software, Inc. v. Forms Processing, Inc., et al.
The U.S. District Court for the Northern District of California granted summary judgment on the issue of lost profits in this Internet trademark infringement case. Oyster’s expert reasoned that the decline in the number of hits to Oyster’s website during ...
Troy Shockley v. Arcan, Inc., et al.
The U.S. Court of Appeals for the Federal Circuit reversed an award of lost profits for Arcan’s infringement of Shockley’s patent. The Federal Circuit found that the lost profits evidence was unsubstantiated because it was based on sales Shockley assumed ...
Simon Property Group, L.P. v. mySimon, Inc.
The U.S. District Court for the Southern District of Indiana reversed a damage award for mySimon’s infringement of the “Simon” mark. The damages were determined as a percentage of mySimon’s value (determined by reference to the price CNET paid to acquire ...
Celeritas Technologies, Ltd. v. Rockwell International Corporation
The Federal Circuit affirmed a jury's damage award for patent infringement and breach of agreement to share communications technology. The damages were based on a hypothetical lump-sum paid-up license, whose fee was determined using the royalty rate comm ...
International Star Class Yacht Racing Association v. Tommy Hilfiger U.S.A., Inc.
The U.S Court of Appeals for the Second Circuit instructed a lower court to considered evidence (cost data) in the record of Hilfiger's profit margin on the infringing sales as well as evidence of sales attributable to Hilfiger's dominant trademark in thi ...
Evidence of Sales Allocated to Infringer’s Dominant Trademark Permitted
The U.S Court of Appeals for the Second Circuit instructed a lower court to considered evidence (cost data) in the record of Hilfiger's profit margin on the infringing sales as well as evidence of sales attributable to Hilfiger's dominant trademark in thi ...
Total Containment, Inc. v. Environ Products, Inc.
The U.S. District Court for the Eastern District of Pennsylvania awarded Total Containment damages based on a reasonable royalty for Eviron's infringement of their patent. The court found that the starting point was 1/4 of the available profit. It adjus ...
Century Wrecker Corp. v. E.R. Buske Manufacturing Company, Inc.
The U.S. District Court for the Northern District of Iowa denied the plaintiff's motion in limine to exclude evidence regarding what the defendant's would be able to afford as a reasonable royalty in this patent infringement case. The court permitted the ...