Non-Patented Features and the Entire Market Value Rule

Evidence that a patented feature drives customer demand is insufficient to justify damages under the entire market value rule (EMVR) when non-patented features may drive customer demand. Power Integrations, No. 2017-1875 (Fed. Cir… Read More

Reasonable Patent Royalties Require Proper Apportionment

Damages for patent infringement must be apportioned to the infringing features of an accused product and supported by substantial evidence. Finjan, Inc., v. Blue Coat Systems Inc., No. 2016-2520 (January 10, 2018) (precedential).… Read More

Detail Counts to Support Patent Damage Analysis

In Yodlee v. Plaid Technology, No. 14-1445-LPS-CJB (D. Del. 2017), Judge Leonard Stark gave guidance on the boundaries of an admissible opinion for a reasonable royalty analysis in a patent case.  Yodlee v. Plaid involves a paten… Read More

Damages for Design Patent Infringement: What Is an "Article of Manufacture?"

On December 6, 2016, the U.S. Supreme Court issued its long awaited decision in Samsung Electronics Co. v. Apple Inc.  The issue in Samsung v. Apple was whether 35 U.S.C. § 289 requires that design patent damages of a multi-comp… Read More

Determining Willful Patent Infringement: Ramifications of Halo Pulse Through the Courts

The Federal Circuit recently vacated and remanded a lower court’s holding that a patent infringement defendant could not have willfully infringed as a matter of law. Alfred E. Mann Found. for Sci. Research v. Cochlear Corp. (Fed… Read More

Patent Damages Must Be Supported by Substantial Evidence

Judge Gilstrap of the Eastern District of Texas granted a new trial on damages after Core Wireless (“Core”) was awarded a $3.5 million judgment against LG Electronics (“LG”) for infringement of U.S. Patent Nos. 8,434,020 a… Read More

When Are Patent Claims Standard-Essential?

The question of whether claims from 23 different patents were “essential” to the IEEE 802.11 standard (popularly known as Wi-Fi) was presented to the court in In re Innovatio Ip Ventures, MDL Docket No. 2303, Case No. 11 C 930… Read More

Past Licenses for Patents-NOT-in-Suit Relevant to a Reasonable Royalty

Could Sprint, having licensed its patents in settlement of litigation, be compelled, in defending subsequent, unrelated litigation, to produce documents related to these licenses?  In a word, yes.  A magistrate judge granted pla… Read More

Date of Assignment Limits Standing for Patent Plaintiff

A defendant was entitled to summary judgment limiting the plaintiff to damages only for infringing acts that occurred after the date of the assignment.  CSB-System Int’l., Inc. v. SAP America, Inc., No. 10-2156 (E.D. Pa. Ap… Read More

Upcoming Webinar

Functional Claiming: Pitfalls and How To’s
October 18, 2018 at 12:00 pm EDT
Recent decisions under 35 U.S.C. §§ 101, 112, and 103 come into focus when viewed through a common lens. During the October webinar, Daniel Hegner of Bejin Bieneman discusses the convergence of federal court and PTAB decisions questioning funct…Register

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