A patent litigation remedies profile of the District of Massachusetts

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

Jury royalty awarding plaintiff 71% of infringer’s per-unit profit is supported by the evidence

Exergen v. Kaz is a nonprecedential case decided on March 8, 2018 on appeal from the District of Massachusetts. Pre-trial, the district court granted defendant Kaz summary judgment of no willful infringement because its invalidity contentions were objectively reasonable. At trial, the jury found all asserted claims infringed and not invalid, …

Federal Circuit lists non-exclusive factors to consider when assessing exceptionality under §285

University of Utah v. Max Planck was decided on March 23, 2017 on appeal from the District of Massachusetts. There, the district court granted defendant Max Planck’s motions for summary judgment regarding the joint inventorship claims. The district court then denied Max Planck’s motion for attorney fees despite that plaintiff University of …

Enhancement affirmed because defendant knew of the patents at the time of infringement

Wbip v. Kohler was decided on July 19, 2016 on appeal from the District of Massachusetts. There, a jury found that defendant Kohler infringed all the asserted claims, that the asserted claims were not invalid, and that Kohler’s infringement was willful (under Seagate’s clear and convincing standard). After the verdict, the district …

Lost profits proper despite that patentee’s product cost twice as much as the infringer’s

Akamai v. Limelight was decided on November 16, 2015 on appeal from the District of Massachusetts. There, a jury found that plaintiff Akamai’s patent (claiming a method for delivering content over the internet) was not invalid and was infringed by defendant Limelight. To prove damages, Akamai relied on Dr. Ugone’s expert testimony, …