Liability reversed, mooting issues of damages, willfulness, and attorney fees

Cobalt Boats v. Brunswick is a nonprecedential case decided on May 31, 2019 on appeal from the Eastern District of Virginia. At trial, the jury defendant Brunswick willfully infringed, leading to a royalty award of $2,690,000. After trial, the district court enhanced the damages by a factor of 1.5 and awarded damages …

A patent litigation remedies profile of the Northern District of California

This post will organize various patent litigation decisions from the United States District Court for the Northern District of California (N.D. Cal.). 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 …

A patent litigation remedies profile of the Eastern District of Texas

This post will organize various patent litigation decisions from the United States District Court for the Eastern District of Texas (E.D. Tex.). 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 Eastern …

Liability as to one claim does not support general damages, willfulness finding, enhancement, or attorney fees

Omega Patents v. CalAmp was decided on April 8, 2019 on appeal from the Northern District of Florida. After the jury awarded plaintiff Omega approximately $2.98 million in compensatory damages, the district court trebled damages for willful infringement, awarded attorney’s fees to Omega, awarded damages for sales made subsequent to the jury verdict, …

Willfulness and enhancement vacated, but exceptionality finding affirmed

This opinion was superseded.  SRI International v. Cisco was decided on March 20, 2019 on appeal from the District of Delaware. The district court denied defendant Cisco’s motion for summary judgment of patent ineligibility and anticipation. At trial, the jury found willful infringement, and awarded plaintiff SRI a 3.5% reasonable royalty rate …

Federal Circuit on applying the Read Factors for enhanced damages: attempts to conceal the misconduct

“Awards of enhanced damages are not to be meted out in a typical infringement case, but are instead designed as a punitive or vindictive sanction for egregious infringement behavior.” WCM v. IPS. There is “no requirement that enhanced damages must follow a finding of egregious misconduct.” Id. Rather, “courts should continue to take into account the particular circumstances of …

What We Learned About Patent Remedies In 2018

2018 was a big year for patent remedies, the most important decision being the Supreme Court’s WesternGeco v. ION, which opened the door to foreign damages for patent infringement. 1. A Patentee may recover foreign lost profits for infringement under Section 271(f)(2) Under Section 271(f)(2) of the Patent Act, it …

Federal Circuit on applying the Read Factors for enhanced damages: infringer’s motivation for harm

“Awards of enhanced damages are not to be meted out in a typical infringement case, but are instead designed as a punitive or vindictive sanction for egregious infringement behavior.” WCM v. IPS. There is “no requirement that enhanced damages must follow a finding of egregious misconduct.” Id. Rather, “courts should continue to take into account the particular circumstances of …

Federal Circuit on applying the Read Factors for enhanced damages: remedial action by the infringer

“Awards of enhanced damages are not to be meted out in a typical infringement case, but are instead designed as a punitive or vindictive sanction for egregious infringement behavior.” WCM v. IPS. There is “no requirement that enhanced damages must follow a finding of egregious misconduct.” Id. Rather, “courts should continue to take into account the particular circumstances of …

A patent litigation remedies profile of the District of Delaware

This post will organize various patent litigation decisions from the United States District Court for the District of Delaware (D. Del.). The focus will be on patent infringement remedies, particularly damages and injunctions.   Patent Jury Verdicts: Below are the patent jury verdicts from the District of Delaware between 2015 …