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Results: 1-10 of 159

Pre-issuance information relevant to royalty damages

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • June 10 2013

In Philippi, the court concluded that, while pre-issuance sales and marketing data was relevant to royalty damages and was thus discoverable, it was

Federal Circuit applies Gunn, rules false statement about patent claim belongs in state court

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • June 6 2013

The Federal Circuit Court of Appeals has determined that a dispute over allegedly false statements about patents did not raise a substantial question

Court limits damages to date of reissued patent

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • June 3 2013

Apple successfully limited the Plaintiff’s damages period to the date of reissue in NetAirus by relying on 35 U.S.C. 252. But, the court also said

Cross-examine rather than reject expert damages testimony

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • June 3 2013

Applying the notion that rejecting expert testimony is the exception rather than the rule, a magistrate judge in Alexam encouraged vigorous

Lost profits questions for parentssubsidiaries certified to Federal Circuit

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • June 3 2013

In Fujitsu Limited, the court followed case law and precluded a foreign parentsole patent holder from recovering lost profits for sales lost by a

Challenge lost profits and reasonable royalties by cross-examination

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • June 3 2013

Global Traffic Technologies teaches us that courts lean toward vigorous cross-examination rather than exclusion when damages experts are subject to a

Judge Posner again strikes damages opinions

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • June 3 2013

In Promega Corp. Judge Posner reminds us that attention to detail in opinions and resisting the temptation to overreach by damages experts is crucial

RAND royalities refreshed - a primer for a modified Georgia - Pacific patent royalties test? (part I)

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • May 31 2013

RAND royalties are retaking center stage as a standards rule. In a 200-plus-page opinion tackling SSOs, SEPs, and RAND obligations, the district

Per-unit reasonable royalty survives challenge in standards case

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • May 28 2013

There is no substitute for a considered and complete approach to reasonable royalty damages. Ericsson Inc. v. D-Link Corp., confirms this in the

Royalty needn’t ensure infringer a profit, Federal Circuit says

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • May 28 2013

Confirming a long-standing rule, Federal Circuit Chief Judge Rader decided the district court clearly erred when it left room for the infringer to