This post attempts to collect and present patent jury verdicts rendered in 2020. Only jury awards are included (no bench awards, arbitration awards, settlements, etc.). Figure 1: The median patent jury verdict in 2020 was $85,230,000. The low was $3,071,838 and the high was $837,801,178. Because of the COVID-19 pandemic, …
GlaxoSmithKline v. Teva was decided on October 2, 2020, on appeal from the District of Delaware. The jury found that Defendant Teva induced infringement of Plaintiff GSK’s patent, awarded GSK “$234,110,000 based on lost profits, plus royalty payments of $1,400,000,” and found that the infringement was willful. The district court …
Hafco Foundry and Machine v. GMS Mine Repair was decided on March 16, 2020 on appeal from the Southern District of West Virginia. The jury found defendant GMS liable for willful infringement and awarded damages of $123,650 to plaintiff Hafco. On Hafco’s post-trial motion, the district court entered a permanent …
Lost-profits damages are appropriate “whenever there is a reasonable probability that, but for the infringement, the patentee would have made the sales that were made by the infringer.” Versata Software v. SAP. A showing under the four-factor Panduit test establishes the required causation. These factors include: “(1) demand for the patented product, (2) …
While there was no marquee patent remedies decision in 2019, the courts still decided some important issues, especially in the context of reasonable royalties. 1. Expenses under Section 145 does not permit the recovery of USPTO attorney fees Under Section 145 of the Patent Act, when an applicant appeals an adverse …
Section 286 of the Patent Act “sets forth a limitation on damages.” Adams & Associates v. Dell. Under 35 U.S.C. § 286, “[e]xcept as otherwise provided by law, no recovery shall be had for any infringement committed more than six years prior to the filing of the complaint or counterclaim for …
This post attempts to collect and present patent jury verdicts rendered in 2019. Only jury awards are included (no bench awards, arbitration awards, settlements, etc.). Figure 1: The median patent jury verdict in 2019 was $5,692,922. The low was $138,363, and the high was $585,000,000. There were 33 noted patent …
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 …
Below are district court local patent rules. Specific provisions pertaining to patent damages have been emphasized. Court Local Patent Rules Patent Damages Provision FIRST CIRCUIT District of Massachusetts D. Mass. Local Rules — District of New Hampshire D.N.H. Local Rules — SECOND CIRCUIT Eastern District of New York E.D.N.Y. …
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 …