Below are district court local patent rules. Specific provisions pertaining to patent damages have been emphasized. Court Local Patent Rules Patent Damages Provision FIRST CIRCUIT District of Massachusetts D. Mass. Local Rules — District of New Hampshire D.N.H. Local Rules — SECOND CIRCUIT Eastern District of New York E.D.N.Y. …
Federal Rule of Evidence 702 provides that an expert witness may testify if he or she ” is qualified as an expert by knowledge, skill, experience, training, or education.” Under Daubert v. Merrell Dow and Rule 702, courts are charged with a gatekeeping role, the objective of which is to ensure that expert testimony admitted into evidence is …
To obtain a preliminary injunction, a plaintiff must show that it is likely to succeed on the merits, that it is likely to suffer irreparable harm in the absence of preliminary relief, that the balance of the hardships tips in its favor, and that an injunction is in the public interest. The …
Section 285 of the Patent Act provides that a district “court in exceptional cases may award reasonable attorney fees to the prevailing party.” The Supreme Court in Octane Fitness v. Icon Health laid out the standard for exceptionality: an exceptional case “is simply one that stands out from others with respect to the …
After finding willful infringement, a court may enhance damages under 35 U.S.C. § 284. From 2007-16, In Re Seagate was the law for finding willfulness. Willfulness under Seagate first required the patentee showing that the infringer acted despite an objectively high likelihood that its actions constituted infringement of a valid patent. After this showing of objective recklessness, the …