SIGA Technologies, Inc. v. PharmAthene, Inc.
In major pharmaceutical case, state Supreme Court finds DE Chancery did not abuse its discretion when it awarded plaintiff lump-sum expectation damages and its findings supporting the new damages determination were not clearly erroneously.
Federal Circuit Weighs Use of EMVR in Pharmaceutical Case
Federal Circuit affirms award of 50% of gross margin, finding that, even though the entire market value rule is not per se inapplicable in the pharmaceutical context, it does not apply in this case because patents cover the entire infringing product.
AstraZeneca AB v. Apotex Corp.
Federal Circuit affirms award of 50% of gross margin, finding that, even though the entire market value rule is not per se inapplicable in the pharmaceutical context, it does not apply in this case because patents cover the entire infringing product.
Chancery’s Reversal on Damages Opinion Bodes Well for Plaintiff
In a major pharmaceutical case, on remand Delaware Chancery finds plaintiff proved it had a reasonable expectation of profits at the time of breach; court accepts plaintiff expert’s damages model, but orders adjustments, particularly to sales quantity.
PharmAthene, Inc. v. SIGA Technologies, Inc.
In a major pharmaceutical case, on remand Delaware Chancery finds plaintiff proved it had a reasonable expectation of profits at the time of breach; court accepts plaintiff expert’s damages model, but orders adjustments, particularly to sales quantity.
Trademark Damages Not Contingent on Established Royalty
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 ...
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 ...
Wordtech Systems, Inc. v. Integrated Networks Solutions, Inc.
Federal Circuit rejects patent damages award based on 13 actual licenses for the patents in suit for failing to support jury’s lump-sum award.
U.S. Valves, Inc. v. Robert F. Dray, Sr., et al.
The U.S Court of Appeals for the Federal Circuit considered a lower court's calculation of lost profits stemming from a breach of contract. The court found numerous errors in the lower court's damage calculation including no cost of goods sold deduction ...