C. R. Bard v. AngioDynamics was decided on November 10, 2020, on appeal from the District of Delaware. Partway through the jury trial, the district court granted Defendant AngioDynamics JMOL that Plaintiff Bard’s asserted claims were not infringed, were not willfully infringed, and were invalid as directed to ineligible subject …
Packet Intelligence v. NetScout was decided on July 14, 2020, on appeal from the Eastern District of Texas. Plaintiff Packet Intelligence sued Defendant NetScout on two method-claims patents and one apparatus-claims patent. The jury found all claims willfully infringed, rejected NetScout’s invalidity defenses under § 102, awarded $3.5 million in …
Hologic v. Minerva Surgical was decided on April 22, 2020 on appeal from the District of Delaware. A named inventor of the eventual asserted patents (the ‘183 and the ‘348) assigned his rights to the relevant patent applications to a company that would later be acquired by plaintiff Hologic. Years …
Eko Brands v. Adrian Rivera Maynez was decided on January 13, 2020, on appeal from the Western District of Washington. Plaintiff Eko filed a declaratory judgment and an infringement action against defendant ARM. On summary judgment, the district court granted Eko declaratory judgment of noninfringement but denied the motion as …
SRI International v. Cisco was originally decided on March 20, 2019, and modified on July 12, 2019 on appeal from the District of Delaware. In the modified opinion, the Federal Circuit vacated the award of attorney fees, which was based in part on the vacated willfulness finding, and remanded for further consideration …
Omega Patents v. CalAmp was decided on April 8, 2019 on appeal from the Northern District of Florida. After the jury awarded plaintiff Omega approximately $2.98 million in compensatory damages, the district court trebled damages for willful infringement, awarded attorney’s fees to Omega, awarded damages for sales made subsequent to the jury verdict, …
This opinion was superseded. SRI International v. Cisco was decided on March 20, 2019 on appeal from the District of Delaware. The district court denied defendant Cisco’s motion for summary judgment of patent ineligibility and anticipation. At trial, the jury found willful infringement, and awarded plaintiff SRI a 3.5% reasonable royalty rate …
Polara v. Campbell was decided on July 10, 2018 on appeal from the Central District of California. The jury entered a verdict that the asserted claims were not invalid and that defendant Campbell willfully infringed the claims. After trial, the district court enhanced damages by 2.5, denied Campbell’s motion for JMOL …
After finding willful infringement, a court may enhance damages under Section 284 of the Patent Act. This post deals primarily with the role of the judge and the jury in the willfulness and enhancement determination. From 2007-16, In Re Seagate was the law for finding willfulness. Willfulness under Seagate first required the patentee showing that …
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, …