A patent litigation remedies profile of the District of Massachusetts

This post will organize various patent litigation decisions from the United States District Court for the District of Massachusetts (D. Mass.). The focus will be on patent infringement remedies, particularly damages and injunctions.   Local Patent Rules   Patent Jury Verdicts: Below are the patent jury verdicts from the District of Massachusetts …

Party’s misconduct must make the entire case exceptional to merit attorney fees

Intellectual Ventures I v. Trend Micro was decided on December 19, 2019 on appeal from the District of Delaware. In a related trial by plaintiff Intellectual Ventures against another defendant on the same patents, the jury found infringement of some claims and noninfringement of others. During that trial Intellectual Ventures’ …

A patent litigation remedies profile of the District of New Jersey

This post will organize various patent litigation decisions from the United States District Court for the District of New Jersey (D.N.J.). The focus will be on patent infringement remedies, particularly damages and injunctions.   Local Patent Rules   Patent Jury Verdicts: Below are the patent jury verdicts from the  District of …

A patent litigation remedies profile of the Northern District of Illinois

This post will organize various patent litigation decisions from the United States District Court for the Northern District of Illinois (N.D. Ill.). The focus will be on patent infringement remedies, particularly damages and injunctions.   Local Patent Rules   Patent Jury Verdicts: Below are the patent jury verdicts from the Northern …

A patent litigation remedies profile of the Central District of California

This post will organize various patent litigation decisions from the United States District Court for the Central District of California (C.D. Cal.). The focus will be on patent infringement remedies, particularly damages and injunctions.   Local Patent Rules (Judge Andrew J. Guilford) Local Patent Rules (Judge Otis D. Wright II)   …

Fees warranted because of NPE plaintiff’s unreasonable conduct and to deter future abusive litigation

Blackbird v. Health In Motion was decided on December 16, 2019 on appeal from the Central District of California. “[S]hortly before discovery was scheduled to end,” defendant Health In Motion filed a motion for summary judgment. After the motion was fully briefed, without notice to Health, plaintiff Blackbird filed a …

Supreme Court holds that Section 145 does not permit the recovery of USPTO attorney fees under “expenses”

Peter v. NantKwest was decided by the Supreme Court on December 11, 2019 on appeal from the Eastern District of Virginia. The USPTO rejected Nantkwest’s patent application on obviousness grounds. The PTAB affirmed the rejection, and Nantkwest appealed to the district court under 35 U.S.C. § 145. After prevailing at the …

Federal Circuit on calculating reasonable Section 285 attorney fees under Octane Fitness

Section 285 of the Patent Act provides that a district “court in exceptional cases may award reasonable attorney fees to the prevailing party.” The Supreme Court in Octane Fitness v. Icon Health held that an exceptional case “is simply one that stands out from others with respect to the substantive strength of a …

Attorney fees based on litigation misconduct reversed because movant is no longer a prevailing party

UCP v. Balsam Brands is a nonprecedential case decided on September 19, 2019 on appeal from the Northern District of California. The district court granted declaratory judgment plaintiff UCP’s motion for summary judgment of non-infringement. The district court then granted-in-part and denied-in-part UCP’s motion for attorney fees against declaratory defendant Balsam, holding that “UCP …

Injunction, enhanced damages, and attorney fees vacated after finding one patent invalid under Section 101

Chamberlain Group v. Techtronic Industries was decided on August 21, 2019 on appeal from the Northern District of Illinois. After the jury found plaintiff Chamberlain’s patents infringed and not invalid, the district court the district court granted an injunction, enhanced damages and attorney fees. The district court denied defendant Techtronic’s motion for JMOL …