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 …

If the smallest salable unit has non-infringing features, the patentee must further apportion the royalty

Finjan v. Blue Coat was decided on January 10, 2018 on appeal from the Northern District of California. A jury found defendant Blue Coat liable for infringement of four patents (the ‘633, ‘731, ‘844, and ‘968) owned by plaintiff Finjan, and awarded approximately $39.5 million in reasonable royalty damages. The patents related to internet …

Expert methodology is admissible despite being neither published nor peer reviewed

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. …