Entire Market Value Rule Lives As $357 Million Verdict Dies
The appeal in Lucent Technologies, Inc. v. Gateway, Inc. from the Southern District of California was considered in many quarters as the potentially seminal case on how to calculate damages based on a...
View ArticleCAFC: Reliance on Unrelated Licenses Doom Damage Award
the patented technology involved screen recognition and terminal emulation processes to download a screen of information from a remote mainframe computer onto a local personal computer (PC). Basically,...
View ArticleSetting the Record Straight on the Innovatio Patent Portfolio
Ray Niro responds --- There is nothing disingenuous about the licensing and enforcement of the Innovatio IP patent portfolio. Nor is this effort about “forcing quick licensing agreements” on...
View ArticleThe Smart Phone Patent Wars: What the FRAND is Going On?
This all came to a head when, on February 22, 2012, Microsoft Corporation filed a formal competition law complaint against Google with European Union antitrust regulators. Microsoft’s complaint was...
View ArticleCalifornia Dreaming and the Preposterous Posner Decision
How anyone with even the most fundamental understand of property rights and economics could say that infringing a patent does not result in a tangible injury is beyond me. Is he unfamiliar with the...
View ArticleShould Ongoing Royalties be Enhanced for Bad Attitude?
In January 2013, Taiwan’s InnoLux Corp. filed an appeal with the Federal Circuit, requesting the Court to overturn an award of enhanced post-judgment (“ongoing”) royalties that appeared to be enhanced,...
View ArticleCAFC: Reasonable royalty in design infringement only if greater than...
Damages for infringement of a design patent can be recovered for the greater of: (1) total profits from the infringer’s sales under 35 U.S.C. § 289, (2) damages in the form of the patentee’s lost...
View ArticlePatent litigation report shows Samsung overtaking Apple as top defendant in 2015
2015 is the second straight year in which the list of top plaintiffs has been led by eDekka LLC, a patent holding company, which at times has been accused of exhibiting trolling behaviors... Atop this...
View ArticleA micro-economic estimate of the reasonable royalty rate for standard...
The debate on RAND terms and conditions is mostly about the reasonability of the royalty rate, less about non-discriminatory part. So, what is a “reasonable rate”? Companies that manufacture products...
View ArticleThe Royalty Rate for a Subset of Standard Essential Patents – What Is...
How can a patent that is deemed essential for a standard not be infringed in a product that implements that standard? One possible explanation could be that the claim of essentiality is incorrect....
View ArticleA patent without enforcement value has no licensing value
Enforcement of patents through litigation occurs when licensing has failed to result in an arms length negotiated resolution. In other words, patent owners resort to litigation when there is a market...
View ArticlePhilips, ZOLL closing in on a settlement of patent litigation over...
On November 28 the parties requested an extension of the temporary stay, explaining: "The parties are still actively engaged in settlement discussions but require additional time to potentially resolve...
View ArticleTelebrands loses $12.3 million verdict for willful patent infringement of...
On November 21st, a jury verdict entered in the Eastern District of Texas awarded $12.3 million in damages to Tinnus Enterprises and ZURU Ltd. in a patent infringement case against major U.S....
View ArticleFinjan loses part $40M in Reasonable Royalty Award in Blue Coat case at the...
The Federal Circuit decided that Finjan had not presented substantial evidence that Blue Coat infringed the '968 patent. The court also agreed with Blue Coat that Finjan failed to apportion damages...
View ArticleSCOTUS to decide if lost profits can be awarded for infringement committed on...
The Supreme Court will hear WesternGeco LLC v. ION Geophysical Corp., which asks whether the Federal Circuit erred in holding that lost profits arising from prohibited combinations occurring outside of...
View ArticleExmark: Reasonable Royalty Damages, Apportionment and Expert Opinions
While Exmark invites a more flexible approach to apportionment, allowing, at least in some cases, a focus on the royalty rate to value the patented invention, the rate analysis itself must be properly...
View ArticleIdenix Loses Patent on HCV Treatment that Supported $2.54 Billion...
In invalidating the Idenix patent, the Delaware district court effectively overturns what had been the largest award for royalty damages in a U.S. patent infringement case ever handed out. After a...
View ArticleApple and Samsung Settle Patent Dispute Proving Patent Litigation Doesn’t...
On Wednesday, June 27th, a pair of orders of dismissal, one entered in the District of Delaware and the other entered in the Northern District of California, marked the official end of the patent war...
View ArticleIBM Wins $82.5 Million Award Against Groupon in Jury Verdict
On July 27th, a jury verdict entered into the District of Delaware awarded $82.5 million in reasonable royalties to information technology giant IBM after that company asserted a series of patents...
View ArticleApple’s Declaratory Judgment Backfires, Turns Into $145.1M Damages Verdict...
On August 1st, a jury verdict entered in the Southern District of California awarded $145.1 million in reasonable royalty damages to Canadian IP licensing firm Wi-LAN in a patent infringement case...
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