S.D. Cal. – Federal Circuit on Damages and other Remedies

Attorney Fees, Defendant Friendly, Nonpracticing Entities

Case exceptional where Plaintiff did not perform a simple test of the publicly available accused products

By Jean Dassie May 1, 2019 December 31, 2019

ThermoLife v. GNC was decided on May 1, 2019 on appeal from the Southern District of California. Plaintiff ThermoLife brought suit against Defendant GNC, and other defendants, for patent infringement. This was one of 81 infringement lawsuits the exclusive licensee filed. The patents relate to “methods and compositions involving the amino …

Defendant Friendly, Enhanced Damages, Injunctions, Intervening Rights, Lost Profits, Willfulness

Lost profits award reversed because of non-infringing substitute; permanent injunction then vacated

By Jean Dassie November 21, 2017 December 31, 2019

Presidio v. American Technical Ceramics was decided on November 21, 2017 on appeal from the Southern District of California. The invention concerned capacitors for storing and releasing energy. The district court granted defendant ATC’s motion for summary judgment on absolute intervening rights. The jury then returned a verdict of direct and induced infringement, …