After the district court determined that the plaintiff’s patent was infringed and was not invalid based on anticipation or obviousness, the district court held a bench trial on the issue of damages. The district court first analyzed the issue of lost profits. Finding that the plaintiff could not meet several…
Plaintiff Personal Audio, LLC (“Personal Audio”) filed a patent infringement action against Apple, Inc. (“Apple”) over two patents, which teach an audio program player that will play a sequence of audio program files and accept commands from the user to skip forward or backward in the sequence. After a jury…
In a patent infringement action between Kimberly-Clark (“K-C”) and First Quality Baby Products (“First Quality”) pending in the United States District Court for the Eastern District of Wisconsin, K-C filed a motion to compel First Quality to produce sales evaluation files relating to products accused of infringement. K-C asserted that…
In a recent case from the United States District Court for the Eastern District of Virginia, the district court granted defendants’ motion to limit damages for failure to mark for all but one of the patents-in-suit. Pursuant to 35 U.S.C. §287(a), a patentee must either mark a patented product or…
In a recent decision from the United States District Court for the Eastern District of Texas, the court granted in pat and denied in part plaintiff’s motion to exclude the expert testimony of defendants’ damage experts. Plaintiff argued that the opinions of defendants’ experts were unreliable and used flawed methodologies…
In a recent decision from the United States District Court for the Southern District of New York, the district court granted defendant’s motion in limine to exclude plaintiff’s damage expert’s testimony based on the entire market value rule. The district court held that the plaintiff’s expert’s testimony ran afoul of…
Section 292 of the Patent Statute (Title 35) provides a civil penalty for falsely marking goods as being covered by a patent and imposes a fine of no more than $500 “for every such offense.” A Section 292 claim, moreover, can be brought by anyone on behalf of the United…