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, …

Invalidity opinion of counsel is relevant but not dispositive in willfulness inquiry

C. R. Bard v. AngioDynamics was decided on November 10, 2020, on appeal from the District of Delaware. Partway through the jury trial, the district court granted Defendant AngioDynamics JMOL that Plaintiff Bard’s asserted claims were not infringed, were not willfully infringed, and were invalid as directed to ineligible subject …

Lower court decision to increase prejudgment interest award for post-suit time period is affirmed

Exmark Manufacturing v. Briggs & Stratton is a nonprecedential case decided on October 6, 2020, on appeal from the District of Nebraska. Following grant of summary judgment of infringement and no invalidity, the case proceeded to a jury trial, where the jury found that Defendant Briggs willfully infringed Plaintiff Exmark’s …

Availability of infringing generic alternatives is not a proper consideration for pharmaceutical lost profits

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 …

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 …

Sample Motions For A Preliminary Injunction For Patent Infringement

Below are sample motions for a preliminary injunction for patent infringement in federal court. The preliminary injunction motion examples are divided by issue and jurisdiction. These are publicly filed in the respective lawsuits. The motions for a preliminary injunction were all filed in 2010 or later. This post says nothing …

Fees reversed for failure to show facts of Plaintiff’s unreasonable positions at the PTAB and district court

Munchkin v. Luv N’ Care was decided on June 8, 2020, on appeal from the Central District of California. Plaintiff Munchkin sued Defendant Luv N’ Care for unfair competition, trademark infringement, trade dress infringement, and patent infringement. Subsequently, Luv N’ Care filed an IPR petition at the PTAB, which was …

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 …

Ten percent prejudgment interest on the jury award affirmed

Schwendimann v. Arkwright Advanced Coating was decided on May 13, 2020, on appeal from the District of Minnesota. The district court granted Plaintiff Schwendimann motion for summary judgment of proper standing. Following a jury trial, a judgment of willful infringement was entered against Defendant Arkwright and the jury awarded Schwendimann …