Enhancement vacated because district court did not sufficiently consider the closeness of the case

Polara v. Campbell was decided on July 10, 2018 on appeal from the Central District of California. The jury entered a verdict that the asserted claims were not invalid and that defendant Campbell willfully infringed the claims. After trial, the district court enhanced damages by 2.5, denied Campbell’s motion for JMOL …

Entire market value rule inappropriate where accused product has valuable non-patented features

This opinion was superseded.    Power Integrations v. Fairchild Semiconductor was decided on July 3, 2018 on appeal from the Northern District of California. The asserted patents related to switching regulators involved in power supply controller chips. A jury found infringement and awarded $139.8 million in reasonable royalties to plaintiff Power Integration based on …

Pro se plaintiff held liable for attorney fees and expert costs

Huang v. Huawei Technologies is a nonprecedential case decided on June 8, 2018 on appeal from the Eastern District of Texas. After serving invalidity contentions, defendant Huawei served a Rule 11 safe-harbor letter on pro se plaintiff Huang, asserting that Huang’s “claims were baseless and that a pre-suit investigation would have revealed …

Courts may deny fees after finding inequitable conduct but must explain

Energy Heating v. Heat On-The-Fly was decided on May 4, 2018 on appeal from the District of North Dakota. Before trial, the district court granted summary judgment in declaratory plaintiff Energy’s favor, dismissing some of declaratory defendant Heat’s infringement claims, and finding Heat’s asserted patent obvious. The jury found liability under …

Misconduct during prosecution and litigation supports finding of unclean hands for asserted patents

Gilead v. Merck was decided on April 25, 2018 on appeal from the Northern District of California. After the jury ruled for Merck and awarded $200 million in damages, the district court held a bench trial on Gilead’s unclean hands defense. The district court ruled for Gilead, “finding both pre-litigation business misconduct and litigation …

Dismissal with prejudice for lack of standing makes defendant a prevailing party for attorney fees

Raniere v. Microsoft was decided on April 18, 2018 on appeal from the Northern District of Texas. The district court dismissed plaintiff Raniere’s action with prejudice for lack of standing for Raniere’s failure to show ownership interest. Defendants, including Microsoft, moved for attorney fees under §285. The district court award fees and costs …

Fees awarded because plaintiff continued with meritless eligibility arguments after Alice

Inventor Holdings v. Bed Bath & Beyond was decided on December 8, 2017 on appeal from the District of Delaware. After the Supreme Court decided Alice, defendant BBB won judgment on the pleadings that plaintiff Inventor Holdings’ patent was invalid under Alice. BBB then moved for attorney fees. The district court granted …

Lost profits award reversed because of non-infringing substitute; permanent injunction then vacated

Presidio v. American Technical Ceramics was decided on November 21, 2017 on appeal from the Southern District of California. The invention concerned capacitors for storing and releasing energy. The district court granted defendant ATC’s motion for summary judgment on absolute intervening rights. The jury then returned a verdict of direct and induced infringement, …

Party waived alternative damages theory by pursuing an all-or-nothing damages approach

Promega v. Life Technologies was decided on November 13, 2017 on appeal from the Western District of Wisconsin, on remand from the Supreme Court. In the first instance at trial, the jury award plaintiff Promega $52 million in lost profit damages based on all of defendant Life Tech’s worldwide sales. The district court granted …

Attorney fee award affirmed in longstanding Octane Fitness saga

ICON v. Octane Fitness is a nonprecedential case decided on August 25, 2017 on appeal from the District of Minnesota. There, the district court awarded $1.6 million in attorney fees to defendant Octane Fitness, finding the case exceptional on remand from the Supreme Court. Plaintiff ICON appealed the exceptionality finding, and Octane …