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No permanent injunction if plaintiff and defendant did not directly compete; ongoing royalty to be applied instead

  • McDermott Will & Emery
  • -
  • USA
  • -
  • October 31 2012

Addressing a lower court’s decision to impose a permanent injunction, the U.S. Court of Appeals for the Federal Circuit reversed the lower court, finding that an ongoing royalty for future infringement was the appropriate remedy

Entire market value ruleR.I.P.?

  • McDermott Will & Emery
  • -
  • USA
  • -
  • September 28 2012

In an opinion that addresses the proper framework for evaluating reasonable royalty damages in the patent infringement context, the U.S. Court of Appeals for the Federal Circuit overturned a jury award of an $8.5 million lump sum and remanded the case for a new trial on damages

Federal Circuit clarifies entire market value rule, hypothetical negotiation date and use of settlement agreements

  • McDermott Will & Emery
  • -
  • USA
  • -
  • September 6 2012

In LaserDynamics v. Quanta Computer, the U.S. Court of Appeals for the Federal Circuit overturned an $8.5 million lump sum jury award and remanded the case for a new trial on damages

Microchip Technology files new complaint

  • McDermott Will & Emery
  • -
  • USA
  • -
  • March 28 2012

Microchip Technology, Inc. has filed a new complaint at the Commission seeking an investigation into the importation of Certain Semiconductor Integrated Circuit Devices and Products Containing Same

Target date set in Certain Video Displays Investigation

  • McDermott Will & Emery
  • -
  • USA
  • -
  • March 28 2012

ALJ Essex has set a target date of June 21, 2013 in Inv. No. 337-TA-828, Certain Video Displays and Products Containing Same

Chief ALJ Bullock rejects summary determination motions

  • McDermott Will & Emery
  • -
  • USA
  • -
  • March 28 2012

Chief ALJ Bullock has rejected three motions for summary determination of non-infringement by respondents PHE, Inc., Evolved Novelties, Inc., and Momentum Management, LLC in Inv. No. 337-TA-823, Certain Kinesiotherapy Devices and Components Thereof

New complaint filed by Technology Properties Ltd

  • McDermott Will & Emery
  • -
  • USA
  • -
  • March 28 2012

Technology Properties Ltd. has filed a new complaint at the ITC seeking an investigation into the importation of Certain Computer and Computer Peripheral Devices and Components Thereof and Products Containing the Same

ALJ Bullock issues initial determination terminating the investigation as to drugstore.com

  • McDermott Will & Emery
  • -
  • USA
  • -
  • March 9 2012

On March, 9, 2012, Chief ALJ Bullock issued an initial determination granting a joint motion to terminate the investigation as to respondent drugstore.com based on a consent order stipulation in Inv. No. 337-823, Certain Kinesiotherapy Devices and Components Thereof

ALJ Pender denies a non-party motion to quash but grants motion to limit subpoenas issued in 337-TA-808

  • McDermott Will & Emery
  • -
  • USA
  • -
  • March 9 2012

On March 9, 2012, ALJ Pender issued an order denying non-party Openwave System Inc.’s (“Openwave”) motion to quash a subpoena duces tecum and subpoena ad testificandum served by Respondent Apple, Inc. (“Apple”

ALJ Essex orders respondents to respond to discovery requests in 337-TA-804

  • McDermott Will & Emery
  • -
  • USA
  • -
  • March 9 2012

On March 9, 2012, ALJ Essex granted complainants Litepanels, Inc.’s and Litepanels, Ltd.’s (“Litepanels”) motion to compel discovery and ordered respondents Fuzhou F&V Photographic Equipment Co., Ltd (“F&V”) and Shantou Nanguang Photographic Co. Ltd. (“Nanguang “) to provide full and complete responses various interrogatories and requests for production