Supplemental damages and ongoing royalty vacated for relying almost exclusively on expired patent

EcoServices v. Certified Aviation is a nonprecedential case decided on October 8, 2020, on appeal from the Central District of California. Plaintiff EcoServices sued Defendant Aviation for infringement of two patents. One patent expired before trial. Following trial, the jury returned a verdict that Aviation infringed both patents, that the …

No irreparable harm where plaintiff licenses the patent and defendant competes with the licensees

Verinata Health v. Ariosa Diagnostics is a nonprecendential case decided on April 24, 2020, on appeal from the Northern District of California. The asserted patents concern DNA sequence testing. After trial, the jury found two patents owned by Plaintiffs Verinata and Illumina valid and infringed, and awarded “approximately $27 million …

Assignor estoppel bars assignor from challenging patent validity at the district court but not the PTAB

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 …