Balance of the harms disfavors injunction where movant does not show irreparable harm

LEGO v. ZURU is a nonprecedential case decided on January 15, 2020, on appeal from the District of Connecticut. Plaintiff LEGO filed a complaint against defendant ZURU for copyright, trademark, and patent infringement and obtained a temporary restraining order. After a hearing, the court granted LEGO’s motion for a preliminary …

Denial of summary judgment of invalidity does not conclusively show objective reasonableness regarding fees

Eko Brands v. Adrian Rivera Maynez was decided on January 13, 2020, on appeal from the Western District of Washington. Plaintiff Eko filed a declaratory judgment and an infringement action against defendant ARM. On summary judgment, the district court granted Eko declaratory judgment of noninfringement but denied the motion as …

Plaintiff is not entitled to jury award after invalidity at the PTAB

Personal Audio v. CBS was decided on January 10, 2020, on appeal from the Eastern District of Texas. A jury found for plaintiff Personal Audio on infringement and invalidity as to three asserted claims, and awarded $1,300,000 as damages against defendant CBS. When the PTAB issued a final written decision …

Fees warranted because of NPE plaintiff’s unreasonable conduct and to deter future abusive litigation

Blackbird v. Health In Motion was decided on December 16, 2019 on appeal from the Central District of California. “[S]hortly before discovery was scheduled to end,” defendant Health In Motion filed a motion for summary judgment. After the motion was fully briefed, without notice to Health, plaintiff Blackbird filed a …

Jury lump sum biologics royalty is supported by substantial evidence

Amgen v. Hospira was decided on December 16, 2019 on appeal from the District of Delaware. Following the biosimilar trial, the jury found some patent claims (and not others) infringed and awarded plaintiff Amgen a reasonable royalty lump sum of $70 million. “Of the twenty-one accused drug substance batches, the …

Supreme Court holds that Section 145 does not permit the recovery of USPTO attorney fees under “expenses”

Peter v. NantKwest was decided by the Supreme Court on December 11, 2019 on appeal from the Eastern District of Virginia. The USPTO rejected Nantkwest’s patent application on obviousness grounds. The PTAB affirmed the rejection, and Nantkwest appealed to the district court under 35 U.S.C. § 145. After prevailing at the …

Damages remanded for potential new trial based on appellate finding of reduced liability

VirnetX v. Apple is a nonprecendential case decided on November 22, 2019 on appeal from the Eastern District of Texas. The district court entered summary judgment for plaintiff VirnetX on invalidity, determining that defendant Apple was precluded from pressing its proposed invalidity challenges because of previous litigation between the parties. The …

Preliminary injunction inappropriate where defendant raised a substantial question of validity under anticipation

OrthoAccel Technologies v. Propel Orthodontics is a nonprecedential case decided on September 23, 2019 on appeal from the Northern District of California. The district court denied plaintiff OrthoAccel’s motion for a preliminary injunction because defendant Propel raised a substantial question of validity for the patent under anticipation. OrthoAccel appealed. The Federal …

Injunction, enhanced damages, and attorney fees vacated after finding one patent invalid under Section 101

Chamberlain Group v. Techtronic Industries was decided on August 21, 2019 on appeal from the Northern District of Illinois. After the jury found plaintiff Chamberlain’s patents infringed and not invalid, the district court the district court granted an injunction, enhanced damages and attorney fees. The district court denied defendant Techtronic’s motion for JMOL …

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 …