Patent exhaustion and patent repair do not necessarily apply to replacement parts in design cases

Automotive Body Parts Association v. Ford Global Technologies was decided on July 23, 2019 on appeal from the Eastern District of Michigan. Plaintiff Automotive Body Parts Association (ABPA) sued defendant Ford seeking a declaratory judgment of invalidity or unenforceability of two design patents covering a vehicle’s hood and headlamp respectively. ABPA …

Willfulness, enhancement, and attorney fees vacated

SRI International v. Cisco was originally decided on March 20, 2019, and modified on July 12, 2019 on appeal from the District of Delaware. In the modified opinion, the Federal Circuit vacated the award of attorney fees, which was based in part on the vacated willfulness finding, and remanded for further consideration …

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 …

Case exceptional where Plaintiff did not perform a simple test of the publicly available accused products

ThermoLife v. GNC was decided on May 1, 2019 on appeal from the Southern District of California. Plaintiff ThermoLife brought suit against Defendant GNC, and other defendants, for patent infringement. This was one of 81 infringement lawsuits the exclusive licensee filed. The patents relate to “methods and compositions involving the amino …

Liability as to one claim does not support general damages, willfulness finding, enhancement, or attorney fees

Omega Patents v. CalAmp was decided on April 8, 2019 on appeal from the Northern District of Florida. After the jury awarded plaintiff Omega approximately $2.98 million in compensatory damages, the district court trebled damages for willful infringement, awarded attorney’s fees to Omega, awarded damages for sales made subsequent to the jury verdict, …

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, …

Willfulness and enhancement vacated, but exceptionality finding affirmed

This opinion was superseded.  SRI International v. Cisco was decided on March 20, 2019 on appeal from the District of Delaware. The district court denied defendant Cisco’s motion for summary judgment of patent ineligibility and anticipation. At trial, the jury found willful infringement, and awarded plaintiff SRI a 3.5% reasonable royalty rate …

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, …