ITT Corp. v. Xylem Group, LLC
District court dismisses plaintiffs’ overarching claim that a reasonable royalty was not an allowable damage theory in a trademark case, as well as its narrower claim that a royalty was available only to the plaintiff that could point to an established ro ...
Enzo Biochem, Inc. v. Applera Corp.
District court denies both parties’ motions for new trial, finding an award for “induced infringement” would be based on the very act of infringement that underlies the award for direct infringement and would be double dipping; also since the patented tec ...
Federal Circuit Affirms $95 Million Patent Award Based on Price Erosion Theory
Federal Circuit finds jury’s lost profits and reasonable royalty award based on plaintiffs’ price erosion theory is not excessive; sufficient evidence supported expert’s “but for” damages model calculating prices two to three times as much as the prices t ...
Ericsson Inc. v. D-Link Corp. (I)
In IEEE 802.11n standard infringement case, district court denies defendants’ Daubert motion finding plaintiff expert’s damage model based on per unit royalty on sales of accused products included two levels of apportionment to properly capture only the v ...
SSL Services, LLC v. Citrix Systems, Inc.
District court denies defendants’ post-trial challenge to $10 million jury award finding the fact that the patent assignee at the time of the hypothetical negotiation was worth less than its single patent-in-suit does not control the assessment of patent ...
SynQor, Inc. v. Artesyn Technologies, Inc. (III)
Federal Circuit finds jury’s lost profits and reasonable royalty award based on plaintiffs’ price erosion theory is not excessive; sufficient evidence supported expert’s “but for” damages model calculating prices two to three times as much as the prices t ...