After a jury trial in which TransPerfect was awarded damages, TransPerfect moved for an award of supplemental damages under 35 U.S.C. § 284 on the theory that the jury did not award it damages for infringement that occurred after December 31, 2011. TransPerfect contended that the jury’s damage award of…
In this patent infringement action, Apple challenged the opinions of the plaintiff’s damage expert on several bases, including the determination of a royalty rate based on the price of third-party applications. First, Apple contended that the expert’s, Mr. Bratic’s, “analysis is deficient and unreliable because MTEL’s technical expert categorically stated…
In this patent infringement action, Adobe filed a Daubert motion seeking to exclude the plaintiff’s damage expert largely based on VirnetX, Inc. v. Cisco Sys., Inc., 2014 WL 4548722 (Fed. Cir. Sept. 16, 2014). As explained by the district court, “Adobe does not seriously challenge Mr. Yurkerwich’s qualifications as an…
Adrea, LLC (“Adrea”) filed a patent infringement action against Barnes & Noble, Inc., barnesandnoble.com llc, and Nook Media LLC (collectively, “B&N”), which alleged that B&N’s e-reader Nook infringed U.S. Patent Nos. 7,298,851 (“the ‘851 patent”), 7,299,501 (“the ‘501 patent”), and 7,620,703 (“the ‘703 patent”). As explained by the district court,…
ThinkOptics, Inc. (“ThinkOptics”) filed a patent infringement action accusing several Defendants of infringing three patents: U.S. Patent Nos. 7,796,116; 7,852,317; and 7,864,159. As explained by the district court, “[t]he three patents share a common specification and are directed to systems and methods for displaying and moving a cursor on a…
Two weeks earlier, the court excluded the expert opinion and testimony of Plaintiff Golden Bridge Technology’s (“GBT”) damages expert. Nonetheless, the court gave GBT one week to submit a new report based on a new theory. After GBT met its deadline, Apple moved to exclude the second report as well.…
After the jury returned a verdict of approximately $390 million against SAP and the verdict was affirmed on appeal, the Patent Trial and Appeal Board (“PTAB”) preliminarily invalidated the patent (subject to appeal to the Federal Circuit). As a result, SAP moved to stay the execution of the judgment or,…
Having obtained a $1.5 billion judgment and an ongoing royalty against Marvell, Carnegie Mello University (“CMU”) sought to liquidated the ongoing royalty amount in the Final Judgment. In response, Marvell argued that the district court made clear in its decision that such ongoing royalties are to be dealt with as…
After a jury returned a verdict against Marvell for patent infringement, Carnegie Mellon (“CMU”) filed several motions, including for prejudgment interest, for supplemental damages, for enhanced damages, for an ongoing, increased royalty rate triple what the jury found, and for a permanent injunction. With respect to prejudgment interest, the district…
In this patent infringement case, the district court received a number of motions to strike portions of expert reports and to exclude the testimony of certain experts. As stated by the district court, it received the following: “Defendants’ Motion to Strike Portions of the Expert Report and Exclude the Testimony…