Royalty affirmed where expert started with a third party settlement and increased the value by 20%

Elbit Systems v. Hughes Network was decided on June 25, 2019 on appeal from the Eastern District of Texas. The jury found that defendant Hughes infringed, and awarded plaintiff Elbit  $21,075,750 in reasonable royalty damages. The district court then denied Hughes post-trial motions for JMOL for non-infringement and for a new trial …

Dismissal under Section 101 and subsequent grant of attorney fees are vacated

CellSpin Soft v. Fitbit was decided on June 25, 2019 on appeal from the Northern District of California. Plaintiff CellSpin filed more than a dozen cases alleging infringement of certain patents. On a motion to dismiss, the district court found that none of the asserted claims were patent eligible. The district court found the …

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, …

Jury royalty relying on previous related jury verdict is affirmed – modified opinion

Sprint v. Time Warner is a nonprecedential case originally decided on November 30, 2018, and modified on March 18, 2019 on appeal from the District of Kansas. The Federal Circuit modified the opinion in response to Time Warner’s petition for rehearing. The opinion was slightly modified to better explain the damages …

Lower court did not err in using aggregate method instead of apportionment to award fees

Drop Stop v. Zhu is a nonprecedential case decided on February 8, 2019 on appeal from the Central District of California. After the parties reached a settlement stipulating to infringement of some claims, plaintiff Drop Stop moved for attorney fees. The district court granted the motion and awarded $600,000 in fees …

Plaintiff did not intend to deceive the PTO in misdiscribing a figure

Barry v. Medtronic was decided on January 24, 2019 on appeal from the Eastern District of Texas. The jury found for plaintiff Barry and awarded $15,095,970 for domestic infringement of one patent and $2,625,210 for domestic infringement of another patent. After trial, the district court denied defendant Medtronic’s challenges regarding induced infringement, …

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 …

In considering attorney fees, the district court need not resolve issues mooted by the case

Spineology v. Wright Medical was decided on December 14, 2018 on appeal from the District of Minnesota. The district court granted defendant Wright’s motion for summary judgment of non-infringement. The district court then denied Wright’s motion for attorney fees, holding that plaintiff Spineology’s positions were not so meritless as to render …

Jury royalty relying on previous related jury verdict is affirmed

This opinion was superseded.    Sprint v. Time Warner is a nonprecedential case decided on November 30, 2018 on appeal from the District of Kansas. At trial the district court permitted Sprint to introduce evidence of a jury verdict in a related case by Sprint against another defendant. The jury found that …

Supreme Court holds that Section 284 permits lost profits for foreign uses of infringing components under Section 271(f)(2)

WesternGeco v. ION was decided by the Supreme Court on June 21, 2018 on appeal from the Southern District of Texas. At trial, the jury found defendant ION liable and awarded plaintiff WesternGeco $12.5 million in royalties and $93.4 million in lost profits. WesternGeco claimed it was entitled to lost profits after “it …