Damages available for products in amended complaint that relate back to the originally accused products

Anza Tech. v. Mushkin was decided on August 16, 2019 on appeal from the District of Colorado. Plaintiff Anza filed this action in March 2017 against Defendant Mushkin in the Eastern District of California. In September 2017, Anza filed its first amended complaint, which joined Avant as a co-defendant. The …

Lower court erred in considering pre-suit licensing rate in determining the ongoing royalty

XY v. Trans Ova Genetics was decided on May 23, 2018 on appeal from the District of Colorado. Plaintiff XY sued defendant Trans Ova for patent infringement and breach of contract. The jury found that Trans Ova breached the contract and willfully infringed XY’s patent, and awarded XY $4,585,000 for the …

After frivolous appeal, appellant’s counsel held jointly and severally liable for fees and double costs

Walker v. Health International was decided on January 6, 2017 on appeal from the District of Colorado. There, the district court awarded defendant Health attorney fees and costs for plaintiff Walker’s vexatious actions in continuing to litigate after the parties settled all claims. Walker appealed. Health claimed the appeal was frivolous, and …