Irreparable harm shown where risk averse customers would perceive that plaintiff no longer had an exclusive license

MACOM Tech. v. Infineon was decided on January 29, 2018 on appeal from the Central District of California. The parties entered into an agreement that allowed plaintiff MACOM and defendant Infineon to share rights to practice licensed patents within a general “Field of Use.” The agreement further defined an “Exclusive Field” …

Sales of the entire product appropriate as the royalty base if patentee properly apportions the royalty rate

Exmark v. Briggs & Stratton was decided on January 12, 2018 on appeal from the District of Nebraska. The invention related to a lawn mower having an improved device for directing airflow and grass clippings during operation. The district court ruled on summary judgment that asserted claim 1 was not invalid …

If the smallest salable unit has non-infringing features, the patentee must further apportion the royalty

Finjan v. Blue Coat was decided on January 10, 2018 on appeal from the Northern District of California. A jury found defendant Blue Coat liable for infringement of four patents (the ‘633, ‘731, ‘844, and ‘968) owned by plaintiff Finjan, and awarded approximately $39.5 million in reasonable royalty damages. The patents related to internet …

After the alleged infringer produces unmarked products, the patentee has the burden to show they’re not covered

Arctic Cat v. Bombadier was decided on December 7, 2017 on appeal from the Southern District of Florida. Before trial, defendant Bombadier unsuccessfully moved for summary judgment on several issues, including that plaintiff Artic Cat’s licensee failed to mark its products. The jury found the asserted patents not invalid, found willful infringement by …

Court retained declaratory jurisdiction despite that DJ-defendant sold its IP assets prior to the DJ action

Industrial Models v. SNF is a nonprecedential case decided on November 7, 2017 on appeal from the Northern District of Texas. This suit relates to Industrial Models’ decision to enter the market for fiberglass utility bodies for use in trucks. In February 2013, plaintiff SNF sent defendant Industrial Models a cease-and-desist letter indicating that …

Causal nexus found where Defendant couldn’t achieve ANDA product without infringing

Mylan v. Aurobindo was decided on May 19, 2017 on appeal from the Eastern District of Texas. There, the district court granted co-Plaintiff Mylan’s motion for a preliminary injunction as to the compound and process patents, finding that Defendant Aurobindo likely infringed the patents under the doctrine of equivalents, and that Arubindo …

Patentee cannot bypass marking statute by disclaiming the unmarked feature

Rembrandt v. Samsung was decided on April 17, 2017 on appeal from the Eastern District of Texas. The patents related to Bluetooth technology. There, the jury found that defendant Samsung infringed plaintiff Rembrandt’s patents, and awarded $15.7 million in damages. After trial, the district court denied Samsung’s motion for JMOL on obviousness …

False marking damages require concrete evidence of causation, not general assertions

Gravelle v. Kaba is a nonprecedential case decided on April 12, 2017 on appeal from the Eastern District of North Carolina . There, defendant Kaba marked its key-cutting machines as “patent pending” for two features—although no patent application for those features was ever filed. Plaintiff Gravelle filed suit pro se, …

Permanent injunction reaching a party not found liable is vacated

Asetek Danmark v. CMI USA was decided on April 3, 2017 on appeal from the Northern District of California. In an earlier December 6, 2016 decision, the Federal Circuit maintained the permanent injunction during the remand, and Chief Judge Prost dissented because she would have vacated the injunction. In the April 3, 2017 decision, the …

Earlier settlement is comparable despite open infringement and validity in the earlier case

Prism v. Sprint Spectrum was decided on March 6, 2017 on appeal from the District of Nebraska. Plaintiff Prism had sued defendant Sprint and AT&T separately. The AT&T suit settled, and the district court here admitted the AT&T settlement agreement into evidence over Sprint’s objections. A jury then found Sprint liable …