Although the Federal Circuit has “never described the Georgia–Pacific factors as a talisman for royalty rate calculations, district courts regularly turn to this 15–factor list.” Ericsson v. D-Link. The factors derive from Georgia-Pacific v. U.S. Plywood. The Federal Circuit does “not require that witnesses use any or all of the Georgia–Pacific factors when testifying about damages” in …
Although the Federal Circuit has “never described the Georgia–Pacific factors as a talisman for royalty rate calculations, district courts regularly turn to this 15–factor list.” Ericsson v. D-Link. The factors derive from Georgia-Pacific v. U.S. Plywood. The Federal Circuit does “not require that witnesses use any or all of the Georgia–Pacific …
TCL Communication v. Telefonaktiebolaget LM Ericsson was decided on December 5, 2019 on appeal from the Central District of California. Following a bench trial, the district court determined that declaratory defendant Ericsson’s proposed offers were not “fair, reasonable, and non-discriminatory” (FRAND). “Over Ericsson’s repeated assertions of its jury trial right,” …
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 …
UCP v. Balsam Brands is a nonprecedential case decided on September 19, 2019 on appeal from the Northern District of California. The district court granted declaratory judgment plaintiff UCP’s motion for summary judgment of non-infringement. The district court then granted-in-part and denied-in-part UCP’s motion for attorney fees against declaratory defendant Balsam, holding that “UCP …
Chrimar Systems v. ALE U.S. is a nonprecedential case decided on September 19, 2019 on appeal from the Eastern District of Texas. After a jury trial returned a verdict against defendant ALE in a case involving four patents, the district court entered a judgment awarding plaintiff Chrimar damages and post-verdict ongoing royalties. …
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 …
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 …
Cobalt Boats v. Brunswick is a nonprecedential case decided on May 31, 2019 on appeal from the Eastern District of Virginia. At trial, the jury defendant Brunswick willfully infringed, leading to a royalty award of $2,690,000. After trial, the district court enhanced the damages by a factor of 1.5 and awarded damages …
35 U.S.C. § 284 provides that “the court shall award [the patent owner] damages adequate to compensate for the infringement but in no event less than a reasonable royalty for the use made of the invention by the infringer.” “A patent owner, having prevailed on liability, may receive a reasonable royalty or lost …