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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
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- 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
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- 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
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