On appeal after a $2.2 million jury award of lost profits, the Federal Circuit vacated the lost profits award, ruling that insufficient evidence regarding non-infringing alternatives supported the finding. While this ruling may not be particularly ground-breaking, it does add another data point as to how the Federal Circuit …LEARN MORE
Judge Posner, a 7th Circuit Court of Appeals judge sitting here by designation, released a bold Daubert ruling that illustrates how judges are demanding more rigorous quantification of damages. It contains strong commentary on two expert opinions and is worthy of some serious thought coming from a prominent appeals court judge. …LEARN MORE
After a jury’s finding of patent infringement, the court rules on a number of pre-(damages)-trial motions, with 3 such rulings of interest. The court first finds that proffered testimony by defendant’s technical expert regarding possible “design arounds” as alternatives to the patented technology “is wholly speculative and, consequently, not helpful …LEARN MORE
A California jury awarded damages of $18.8 million based on lost profits and a royalty rate of 20% to Conceptus due to Hologic’s infringement of a Conceptus patent related to a transcervical intrafallopian contraception method.
Possibly more interesting than the actual verdict was …LEARN MORE
In this long-running patent infringement case regarding check imaging technology, where a jury had found lump-sum royalty damages of $27 million, the court now considers post-verdict royalties. …LEARN MORE