patent damages

How Important is Compliance with the Marking Statute? The Federal Circuit Continues to Say It Is Pretty Important.

by William Broman on September 29th, 2021
When an accused infringer admits to knowledge of potential infringement, but the commercial embodiment of the patent fails to comply with the marking statute, 35 U.S.C. § 287, what date should be used for calculating damages?  T… Read More

Non-Patented Features and the Entire Market Value Rule

by Peter Keros on July 16th, 2018
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

Date of Assignment Limits Standing for Patent Plaintiff

by Charles Bieneman on May 16th, 2012
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

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