Georgia-Pacific Analysis Satisfies Apportionment Requirement, Court Says
Court rejects Daubert challenge to lost profits and reasonable royalty analyses; court downplays importance of Panduit noninfringing-alternatives requirement and equates Georgia-Pacific analysis with apportionment between patented and unpatented features.
Bombardier Rec. Prods. v. Arctic Cat Inc.
Court rejects Daubert challenge to lost profits and reasonable royalty analyses; court downplays importance of Panduit noninfringing-alternatives requirement and equates Georgia-Pacific analysis with apportionment between patented and unpatented features.
Georgia-Pacific Analysis Satisfies Apportionment Requirement, Court Says
Court rejects Daubert challenge to lost profits and reasonable royalty analyses; court downplays importance of Panduit noninfringing-alternatives requirement and equates Georgia-Pacific analysis with apportionment between patented and unpatented features.
Federal Circuit Resists Samsung’s ‘Quest for Apportionment’
Federal Circuit rejects Samsung’s call for apportioning damages related to design patent infringement, saying the proposed treatment would conflict with the express language of the applicable statute; court upholds most of $1 billion award to Apple.
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.
Apple, Inc. v. Samsung Electronics Co. (V)
Federal Circuit rejects Samsung’s call for apportioning damages related to design patent infringement, saying the proposed treatment would conflict with the express language of the applicable statute; court upholds most of $1 billion award to Apple.
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.
Expert’s Per-Unit Lost Profits Calculation Satisfies Daubert
Expert’s use of Panduit to show causation and reconstruct hypothetical market for lost profits analysis satisfies Daubert, court says; expert showed demand for patented product and provided method for calculating actual damages on per-unit basis.
Roll-Rite, LLC v Shur-Co, LLC
Expert’s use of Panduit to show causation and reconstruct hypothetical market for lost profits analysis satisfies Daubert, court says; expert showed demand for patented product and provided method for calculating actual damages on per-unit basis.
Samsung’s About-Face on Off-the-Market Lost Profits Calculation
Based on prior ruling requiring that analysis of off-the-market lost profits consider potential design-arounds as of the date of first infringement rather than the notice, court rejects Samsung’s pretrial motion to preclude calculation of Apple’s expert.
Apple, Inc. v. Samsung Electronics Co. (IV)
Based on prior ruling requiring that analysis of off-the-market lost profits consider potential design-arounds as of the date of first infringement rather than the notice, court rejects Samsung’s pretrial motion to preclude calculation of Apple’s expert.
Apple Fails in Last-Ditch Effort to Offer Nonexpert Lost Profits Theory
District court grants Samsung’s emergency motion to preclude Apple from introducing a lost profits theory for several patents that runs counter to the Panduit-based damages model its own experts had developed, calling the new, non-expert alternative theor ...
Apple, Inc. v. Samsung Electronics Co. (III)
District court grants Samsung’s emergency motion to preclude Apple from introducing a lost profits theory for several patents that runs counter to the Panduit-based damages model its own experts had developed, calling the new, non-expert alternative theor ...