Use of total sales as royalty base is proper and apportionment analysis unnecessary under comparable license theory

Vectura v. GlaxoSmithKline was decided on November 19, 2020 on appeal from the District of Delaware. At trial, Plaintiff Vectura prevailed on the issues of validity, infringement, and willful infringement, and the “jury awarded Vectura a royalty of 3% on a royalty base of $2.99 billion in sales for the …

Summary judgement of equitable estoppel inappropriate where there are multiple reasonable interpretations of the evidence

Ferring B.V. v. Allergan was decided on November 10, 2020 on appeal from the Southern District of New York. In September 2002, Ferring filed a PCT Application for its drug formulation, naming 6 inventors, including Fein, a consultant for Ferring. Fein “conceived the sublingual route of administration.” Two months later, …

Case not exceptional where objectionable conduct was previously considered in granting sanctions motion

Khan v. Hemosphere is a nonprecendential case decided on August 13, 2020, on appeal from the Northern District of Illinois. Pro se plaintiffs Khans “alleged that the defendant corporations, hospitals, and physicians directly and indirectly infringed” their patent. The Khans sued “three hundred defendants.” The district court dismissed without prejudice …

Ongoing FRAND royalty applied to unaccused and unadjudicated products is affirmed

Godo Kaisha IP Bridge 1 v. TCL Communication was decided on August 4, 2020, on appeal from the District of Delaware. At trial, Plaintiff IP Bridge argued that the asserted patents are essential to a standard and that Defendant TCL’s accused devices are compatible with the standard. The jury found …

Plaintiff cannot recover pre-suit damages because of unmarked licensee products

Packet Intelligence v. NetScout was decided on July 14, 2020, on appeal from the Eastern District of Texas. Plaintiff Packet Intelligence sued Defendant NetScout on two method-claims patents and one apparatus-claims patent. The jury found all claims willfully infringed, rejected NetScout’s invalidity defenses under § 102, awarded $3.5 million in …

Denial of fees vacated where plaintiff filed multiple suits to obtain low-value settlements

Electronic Communication Technologies v. ShoppersChoice.com was decided on July 1, 2020, on appeal from the Southern District of Florida. The district court granted Defendant ShoppersChoice’s motion for judgment on the pleadings invalidating independent claim 11 of Plaintiff ECT’s asserted patent. The Federal Circuit affirmed. Subsequently, the district court denied ShopperChoice’s …

Sample Motions To Dismiss Patent Infringement Complaints

Below are sample motions to dismiss patent infringement litigation claims in federal court. The motions to dismiss examples are divided by issue. These are publicly filed in the respective lawsuits. The motions to dismiss were all filed in 2010 or later. This post says nothing of the legal or factual …

Sample Declaratory Judgment Complaints For Patent Infringement Litigation

Below are sample federal declaratory judgment complaints related to patent infringement cases. The complaints are divided by issue. The complaint examples are publicly filed in the respective lawsuits. The complaints were all filed in 2010 or later. This post says nothing of the merits, truthfulness or falsity of the alleged …

No appellate jurisdiction for non-final judgments of lack of notice under Section 287

Iron Oak Techs. v. Microsoft is a nonprecedential case decided on June 8, 2020, on appeal from the Northern District of Texas. In 2016 and 2017, Iron Oak sued various electronics manufacturers. Because those lawsuits implicated Microsoft’s products, Declaratory Plaintiff Microsoft sued Iron Oak “seeking a declaratory judgment action that …

Sample Complaints For Patent Infringement Litigation

Below are sample federal complaints for patent infringement cases divided by issue. The complaint examples are publicly filed in the respective lawsuits. The complaints were all filed in 2010 or later. This post says nothing of the merits, truthfulness or falsity of the alleged claims. The post simply provides examples …