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 …
Amgen v. Hospira was decided on December 16, 2019 on appeal from the District of Delaware. Following the biosimilar trial, the jury found some patent claims (and not others) infringed and awarded plaintiff Amgen a reasonable royalty lump sum of $70 million. “Of the twenty-one accused drug substance batches, the …
VirnetX v. Apple is a nonprecendential case decided on November 22, 2019 on appeal from the Eastern District of Texas. The district court entered summary judgment for plaintiff VirnetX on invalidity, determining that defendant Apple was precluded from pressing its proposed invalidity challenges because of previous litigation between the parties. The …
Elbit Systems v. Hughes Network was decided on June 25, 2019 on appeal from the Eastern District of Texas. The jury found that defendant Hughes infringed, and awarded plaintiff Elbit $21,075,750 in reasonable royalty damages. The district court then denied Hughes post-trial motions for JMOL for non-infringement and for a new trial …
Cobalt Boats v. Brunswick is a nonprecedential case decided on May 31, 2019 on appeal from the Eastern District of Virginia. At trial, the jury defendant Brunswick willfully infringed, leading to a royalty award of $2,690,000. After trial, the district court enhanced the damages by a factor of 1.5 and awarded damages …
Sprint v. Time Warner is a nonprecedential case originally decided on November 30, 2018, and modified on March 18, 2019 on appeal from the District of Kansas. The Federal Circuit modified the opinion in response to Time Warner’s petition for rehearing. The opinion was slightly modified to better explain the damages …
This opinion was superseded. Sprint v. Time Warner is a nonprecedential case decided on November 30, 2018 on appeal from the District of Kansas. At trial the district court permitted Sprint to introduce evidence of a jury verdict in a related case by Sprint against another defendant. The jury found that …
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 …
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 …
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 …