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When it rains, it pours: court grants plaintiff fees, interest, doubles damages, and supplemental damages
- Shook Hardy & Bacon LLP
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- USA
- -
- May 13 2013
The Alps South court found for Plaintiff on every damages-related post-trial issue after the jury found the patent valid and willfully infringed
Defense expert opens way for $85 million award after plaintiff precluded from putting on evidence
- Shook Hardy & Bacon LLP
- -
- USA
- -
- May 13 2013
As a Defendant, think long and hard about whether to use a damages expert when the patentee has been precluded from presenting a reasonable royalty
Right to sue for damages not assigned
- Shook Hardy & Bacon LLP
- -
- USA
- -
- May 13 2013
The court in Nano-Second ruled an assignment must contain an express provision allowing the assignee to sue for infringement occurring prior to the
Plaintiff’s damages case survives Daubert and in limine challenges
- Shook Hardy & Bacon LLP
- -
- USA
- -
- May 13 2013
The Avocent court considered a variety of challenges to Plaintiff’s damages evidence, including late disclosure of damages-related fact testimony and
Marking defense rears its head: limits damages period
- Shook Hardy & Bacon LLP
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- USA
- -
- May 13 2013
The AIA limited claims arising from “false marking.” Nonetheless, the marking statute tripped up Plaintiff in Kimberly-Clark Worldwide. As to some of
"Arising under" jurisdiction put asunder? Supreme Court adds strokes to "Jackson Pollock" canvas
- Shook Hardy & Bacon LLP
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- USA
- -
- April 30 2013
The "unruly" arising-under doctrine of federal jurisdiction is in a state of "general confusion," according to the U.S. Supreme Court. The Court
No damages expert results in no case
- Shook Hardy & Bacon LLP
- -
- USA
- -
- April 29 2013
While a damages expert is not required, proof of the amount of damages is necessary. Unicom learned this lesson the hard way when it failed to meet
Damage calculations best left for expert discovery
- Shook Hardy & Bacon LLP
- -
- USA
- -
- April 29 2013
The Bosch court reasonably concluded that details relating to the calculation of a patent owner’s reasonable royalty and lost profits damages were
License comparable even though not a patent license
- Shook Hardy & Bacon LLP
- -
- USA
- -
- April 29 2013
Damages experts are always “on the record.” While it may have been a close call for the court, the testimony of Defendant’s damages expert that a
Court compels production of royalty claims in other lawsuits
- Shook Hardy & Bacon LLP
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- USA
- -
- April 29 2013
The Flatworld court ordered Apple to produce documents relating to royalty claims in cases where Apple was asserting its patents. The case is a
