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)   …

Case is not necessarily exceptional where litigation costs exceed the potential damages

ATEN International v. Uniclass was decided on August 6, 2019 on appeal from the Central District of California. The district court granted defendant Uniclass summary judgment on plaintiff ATEN’s lost profits theory of damages. So ATEN “proceeded to trial based on a reasonable royalty theory of damages, under which its …

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 …

Federal Circuit on excluding or vacating lost profit patent infringement damages

35 U.S.C. § 284 provides that “the court shall award [the patent owner] damages adequate to compensate for the infringement but in no event less than a reasonable royalty for the use made of the invention by the infringer.” “A patent owner, having prevailed on liability, may receive a reasonable royalty or lost …

Lost profits and permanent injunction found appropriate in two-supplier market

TEK Global v. Sealant Systems was decided on March 29, 2019 on appeal from the Northern District of California. The patent related to tire repair kits. At trial, the jury found some claims not invalid, and awarded plaintiff TEK $2,525,482 in lost profits and $255,388 in the form of a reasonable royalty. After trial, …

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 …

Stipulated reasonable royalty affirmed and lost profits remanded after intervening invalidity of some claims at the PTAB

WesternGeco v. ION was decided on remand from the Supreme Court on January 11, 2019 on appeal from the Southern District of Texas. At trial, the jury found the asserted claims not invalid and awarded plaintiff WesternGeco a reasonable royalty of $12.5 million and lost profits of $93.4 million. After many rounds of …

Patent jury awards in 2018: Delaware takes over with most and highest jury verdicts

This post attempts to collect and present patent jury verdicts rendered in 2018. Only jury awards are included (no bench awards, arbitration awards, settlements, etc.).   Figure 1: The median patent jury verdict  in 2018 was $4,300,000. The low was $15,775, and the high was $538,641,656. There were 33 noted patent verdicts …