Cost savings – Federal Circuit on Damages and other Remedies

Mixed Outcome, Nonpracticing Entities, Reasonable Royalty

Earlier settlement is comparable despite open infringement and validity in the earlier case

By Jean Dassie March 6, 2017 May 25, 2020

Prism v. Sprint Spectrum was decided on March 6, 2017 on appeal from the District of Nebraska. Plaintiff Prism had sued defendant Sprint and AT&T separately. The AT&T suit settled, and the district court here admitted the AT&T settlement agreement into evidence over Sprint’s objections. A jury then found Sprint liable …

Design Patents, Lost Profits, Plaintiff Friendly, Reasonable Royalty, Section 289 Total Profits

If both § 289 and § 284 damages are sought, the jury must consider the infringer’s total profits

By Jean Dassie September 29, 2015 May 25, 2020 0

Nordock v. Systems was decided on September 29, 2015 on appeal from the Eastern District of Wisconsin. There, a jury found defendant Systems infringed plaintiff Nordock’s design patent, and that the patent was not invalid. Nordock’s damages expert testified that System’s net profit for the sale of the infringing items was …