Alfred T. Giuliano v. SanDisk is a non-precedential case decided on July 27, 2017 on appeal from the Northern District of California. There, after Plaintiffs brought a Walker Process antitrust class action against SanDisk, the district court granted summary judgment in favor of SanDisk because the record did not show evidence sufficient to raise …
Link to article on Law360. 2016 was a busy year for patent remedies. The U.S. Supreme Court decided two cases, one on willfulness and the other on design patent damages. The Federal Circuit made law on willfulness, enhancement, attorney fees, antitrust damages, preissuance patent damages, and laches. This article will review these …
In this post, I will give a mid-year review of the patent remedies cases. The relevant time period is January 1st to June 30th, 2016. The graph below shows how many times each decision has been cited according to Google scholar. The graph is current as to November 29, 2016. …
TransWeb v. 3M was decided on February 10, 2016 on appeal from the District of New Jersey. Prior than one year before the priority date of the asserted patents, defendant TransWeb’s founder handed out samples (that were arguably prior art) at an industry exposition. The jury found plaintiff 3M’s patents invalid …