Although the Federal Circuit has “never described the Georgia–Pacific factors as a talisman for royalty rate calculations, district courts regularly turn to this 15–factor list.” Ericsson v. D-Link. The factors derive from Georgia-Pacific v. U.S. Plywood. The Federal Circuit does “not require that witnesses use any or all of the Georgia–Pacific …
35 U.S.C. § 284 provides that “the court shall award [the patent owner] damages adequate to compensate for the infringement but in no event less than a reasonable royalty for the use made of the invention by the infringer.” “A patent owner, having prevailed on liability, may receive a reasonable royalty or lost …
Power Integrations v. Fairchild Semiconductor was originally decided on July 3, 2018, and modified on September 20, 2018 on appeal from the Northern District of California. In the modified opinion, language requiring that the patentee, to apply to entire market value rule, present evidence that the other features “are not relevant to consumer choice” and “did not …
This opinion was superseded. Power Integrations v. Fairchild Semiconductor was decided on July 3, 2018 on appeal from the Northern District of California. The asserted patents related to switching regulators involved in power supply controller chips. A jury found infringement and awarded $139.8 million in reasonable royalties to plaintiff Power Integration based on …
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 …