A patent remedies case study on Bard v. Gore

This post will track the issued remedies in the patent dispute between Bard Peripheral Vascular and WL Gore & Associates. The post will not cover patent invalidity decisions from the USPTO or the district court. The dispute started in 2003 with a complaint by Bard against Gore in the District of Arizona and ended …

A patent remedies case study on Apple v. Samsung

This post will track the issued remedies in the patent dispute between Apple and Samsung. The post will not cover patent invalidity decisions from the USPTO or the district court. The dispute started on April 15, 2011, with a complaint by Apple against Samsung in the Northern District of California, …

Federal Circuit on applying the Read Factors for enhanced damages: duration of the infringement

“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: closeness of the case

“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: size and financial condition

“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: litigation 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 …

Federal Circuit on applying the Read Factors for enhanced damages: good-faith belief of invalidity or noninfringement

“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: deliberate copying

“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 …

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 …

Denial of permanent injunction vacated because willingness to license does not necessarily mean no irreparable harm – modified opinion –

Texas Advanced Optoelectronic v. Renesas was decided on July 9, 2018 on appeal from the Eastern District of Texas. The Federal Circuit granted petition for rehearing and reissued the opinion, modifying the opinion released on May 1, 2018. The principal change relates to the evidence relied on by Texas Advanced in its …