Lower court decision to increase prejudgment interest award for post-suit time period is affirmed

Exmark Manufacturing v. Briggs & Stratton is a nonprecedential case decided on October 6, 2020, on appeal from the District of Nebraska. Following grant of summary judgment of infringement and no invalidity, the case proceeded to a jury trial, where the jury found that Defendant Briggs willfully infringed Plaintiff Exmark’s …

Sales of the entire product appropriate as the royalty base if patentee properly apportions the royalty rate

Exmark v. Briggs & Stratton was decided on January 12, 2018 on appeal from the District of Nebraska. The invention related to a lawn mower having an improved device for directing airflow and grass clippings during operation. The district court ruled on summary judgment that asserted claim 1 was not invalid …

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

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 …