WesternGeco v. ION was decided on remand from the Supreme Court on January 11, 2019 on appeal from the Southern District of Texas. At trial, the jury found the asserted claims not invalid and awarded plaintiff WesternGeco a reasonable royalty of $12.5 million and lost profits of $93.4 million. After many rounds of …
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 …
Exergen v. Kaz is a nonprecedential case decided on March 8, 2018 on appeal from the District of Massachusetts.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, …
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 …
Scientific v. Cisco was decided on December 3, 2015 on appeal from the Eastern District of Texas. There, the patent-in-suit concerned wireless local area network technology, and was included in the 802.11a “Wi-Fi” standard (first published in 1999). Around 2003, plaintiff Scientific developed a form license offer (“the Rate Card”), which it …
Summit 6 v. Samsung was decided on September 21, 2015 on appeal from the Northern District of Texas. The patent relates to the processing and uploading of digital photos. The jury found plaintiff Summit’s patent not invalid and infringed, and awarded Summit $15 million in damages. Summit settled with another defendant, RIM, before trial. …