Entire market value rule inappropriate where accused product has valuable non-patented features

This opinion was superseded.    Power Integrations v. Fairchild Semiconductor was decided on July 3, 2018 on appeal from the Northern District of California. The asserted patents related to switching regulators involved in power supply controller chips. A jury found infringement and awarded $139.8 million in reasonable royalties to plaintiff Power Integration based on …

Lower court erred in considering pre-suit licensing rate in determining the ongoing royalty

XY v. Trans Ova Genetics was decided on May 23, 2018 on appeal from the District of Colorado. Plaintiff XY sued defendant Trans Ova for patent infringement and breach of contract. The jury found that Trans Ova breached the contract and willfully infringed XY’s patent, and awarded XY $4,585,000 for the …

Courts may deny fees after finding inequitable conduct but must explain

Energy Heating v. Heat On-The-Fly was decided on May 4, 2018 on appeal from the District of North Dakota. Before trial, the district court granted summary judgment in declaratory plaintiff Energy’s favor, dismissing some of declaratory defendant Heat’s infringement claims, and finding Heat’s asserted patent obvious. The jury found liability under …

Denial of permanent injunction vacated because willingness to license does not necessarily mean no irreparable harm

This opinion was superseded.   Texas Advanced Optoelectronic v. Renesas was decided on May 1, 2018 on appeal from the Eastern District of Texas. Plaintiff Texas Advanced sued defendant Renesas for patent infringement, trade secret misappropriation, breach of contract, and tortious interference. Before trial, the district court granted Renesas’s summary judgment motion …

Jury royalty awarding plaintiff 71% of infringer’s per-unit profit is supported by the evidence

Exergen v. Kaz is a nonprecedential case decided on March 8, 2018 on appeal from the District of Massachusetts.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, …

Enhanced damages vacated because district court did not particularly explain the basis for trebling the award

WCM v. IPS is a nonprecedential opinion decided on February 5, 2018 on appeal from the Western District of Tennessee. Plaintiff WCM sued defendant IPS in the District of Colorado for two patents which had issued within the prior month. WCM then voluntarily dismissed the Colorado suit and refiled the same complaint in …

Irreparable harm shown where risk averse customers would perceive that plaintiff no longer had an exclusive license

MACOM Tech. v. Infineon was decided on January 29, 2018 on appeal from the Central District of California. The parties entered into an agreement that allowed plaintiff MACOM and defendant Infineon to share rights to practice licensed patents within a general “Field of Use.” The agreement further defined an “Exclusive Field” …

Denial of preliminary injunction is vacated as it was based on a flawed claim construction

Liqwd v. L’Oreal is a nonprecedential opinion decided on January 16, 2018 on appeal from the District of Delaware. The asserted patent described a method of bleaching hair by applying to the hair a particular mixture. The district court denied Liqwd’s motion for a preliminary injunction after claim construction. Because the adopted …

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 …