Stipulated reasonable royalty affirmed and lost profits remanded after intervening invalidity of some claims at the PTAB

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 …

Supreme Court holds that Section 284 permits lost profits for foreign uses of infringing components under Section 271(f)(2)

WesternGeco v. ION was decided by the Supreme Court on June 21, 2018 on appeal from the Southern District of Texas. At trial, the jury found defendant ION liable and awarded plaintiff WesternGeco $12.5 million in royalties and $93.4 million in lost profits. WesternGeco claimed it was entitled to lost profits after “it …

Attorney fee award vacated because party no longer the prevailing party

Chaffin v. Braden was decided on June 23, 2017 on appeal from the Southern District of Texas. There, the district court granted defendant Braden’s motion for summary judgment of non-infringement, adopting Braden’s claim construction. The court subsequently found the case exceptional and awarded attorney fees to Braden. Chaffin appealed. The Federal Circuit reversed …

Objective reasonableness isn’t dispositive in a willfulness inquiry, but is still relevant to enhancement

WesternGeco v. ION was decided on September 21, 2016 on appeal from the Southern District of Texas. The case was on remand from the Supreme Court in light of Halo v. Pulse. At the district court, the jury found infringement and no invalidity as to all asserted claims, and awarded Plaintiff-WesternGeco lost profits …