Party waived right to challenge finding of no willfulness despite change in law

Ultratec v. Sorenson is a nonprecedential case decided on May 18, 2018 on appeal from the Western District of Wisconsin. The jury awarded plaintiff Ultratec a “total royalty payment of approximately $5,443,485.” The district court concluded on JMOL that there was no willfulness because plaintiff could not meet the objective prong of Seagate, …

Party waived alternative damages theory by pursuing an all-or-nothing damages approach

Promega v. Life Technologies was decided on November 13, 2017 on appeal from the Western District of Wisconsin, on remand from the Supreme Court. In the first instance at trial, the jury award plaintiff Promega $52 million in lost profit damages based on all of defendant Life Tech’s worldwide sales. The district court granted …

No inequitable conduct because the examiner had available the info from the withheld docs

U.S. Water v. Novozymes was decided on December 15, 2016 on appeal from the Western District of Wisconsin. The patents relate to the production of ethyl alcohol (ethanol) from milled grain. The district court held the asserted claims invalid as inherently anticipated, and denied defendant Novozymes’s summary judgment motion as to inequitable conduct. The …