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This opinion was superseded.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 …

A patent litigation remedies profile of the District of Delaware

This post will organize various patent litigation decisions from the United States District Court for the District of Delaware (D. Del.). The focus will be on patent infringement remedies, particularly damages and injunctions.   Patent Jury Verdicts: Below are the patent jury verdicts from the District of Delaware between 2015 …

It was error to award all requested fees without causal connection between the misconduct and the award

Rembrandt v. Comcast was decided on July 27, 2018 on appeal from the District of Delaware. After several years of litigation by plaintiff Rembrandt “against dozens of cable companies, cable equipment manufacturers, and broadcast networks,” the district court “entered final judgment against Rembrandt as to all claims.” After an adverse claim construction, …

NPE case not exceptional because plaintiff had good faith positions and did not delay in its litigation tactics

Sarif Biomedical v. Brainlab is a nonprecedential case decided on March 21, 2018 on appeal from the District of Delaware. There were concurrent PTAB and district court litigations, but the PTAB litigation terminated before the district court litigation. Following claim construction adverse to plaintiff Sarif at the district court, the parties jointly …

Denial of preliminary injunction is vacated as it was based on a flawed claim construction

Liqwd v. L’Oreal is a nonprecedential opinion decided on January 16, 2018 on appeal from the District of Delaware. The asserted patent described a method of bleaching hair by applying to the hair a particular mixture. The district court denied Liqwd’s motion for a preliminary injunction after claim construction. Because the adopted …

Losing a summary judgment motion does not automatically make the plaintiff’s case exceptional

Honeywell v. Fujifilm is a nonprecedential opinion decided on January 11, 2018 on appeal from the District of Delaware. The district court found plaintiff Honeywell’s patent invalid on summary judgment. The court thereafter denied defendant Fujifilm’s motion for attorney fees. Fujifilm appealed. The Federal Circuit affirmed the denial of attorney fees. The …

Fees awarded because plaintiff continued with meritless eligibility arguments after Alice

Inventor Holdings v. Bed Bath & Beyond was decided on December 8, 2017 on appeal from the District of Delaware. After the Supreme Court decided Alice, defendant BBB won judgment on the pleadings that plaintiff Inventor Holdings’ patent was invalid under Alice. BBB then moved for attorney fees. The district court granted …

Equity action to set aside judgment is exceptional because of meritless allegations

Nova Chemicals v. Dow was decided on May 11, 2017 on appeal from the District of Delaware. In 2010, after a jury trial, the court entered judgment against defendant NOVA for over $61 million in damages. During the supplemental-damages phase, NOVA became aware of evidence allegedly showing that plaintiff Dow and its …

Fees warranted where party’s position went against the evidence and its own witnesses

Bayer v. Dow was decided on March 17, 2017 on appeal from the District of Delaware. There, after finding for defendant Dow on summary judgment, the district court awarded Dow attorney fees, concluding that plaintiff “Bayer’s weak positions on the merits and litigation conduct supported a finding that this was an exceptional …

Knowledge of the grandparent patent provides no actual notice for pre-issuance damages

Rosebud v. Adobe was decided on February 9, 2016 on appeal from the District of Delaware. The suit revolved around the ‘280 patent, a continuation of the ‘699 patent, which itself is a continuation of the ‘760 patent (the grandparent patent). There, the district court granted defendant-Adobe’s motion for summary judgment that …