A sampling of recent IP case digests added to BVLaw
These are a sampling of new cases digested for BVLaw. These are cases where calculations of intellectual property value were essential to appellate level litigation.
Mondis Technology, Ltd. v. LG Electronics, Inc., 2011 WL 2417367 (E.D. Tex.)(June 14, 2011)
Federal district court permits patent damages expert to base running royalty calculations on market value of accused products, when “economic justification” supported application of entire market value rule.
Experts: Stephen Magee
Judge: Everingham
State/Jurisdiction: federal/Texas
Court: U.S. District Court
Type of case: IP
Spectralytics, Inc. v. Cordis Corporation, 2011 WL __________ (Fed. Cir.)(June 13, 2011)
Federal Circuit court affirms 5% royalty rate damages for infringement of patented medical device, based on expert evidence that showed a 20% rate would have been reasonable in light of economic and competitive circumstances.
Experts: Julie Davis
Judge: Newman
State/Jurisdiction: federal
Court: U.S. Court of Appeals for the Federal Circuit
Type of case: IP
Energy Transportation Group, Inc. v. Sonic Innovations, Inc., 2011 WL 2222066 (D. Del.)(June 7, 2011) Federal district court affirms damages award for patent infringement despite jury “splitting the difference” between the parties’ experts’ reasonable royalty analyses.
Experts: Terry Musika (plaintiff); Putnam (defendant)
Judge: Sleet
State/Jurisdiction: federal/Delaware
Court: U.S. district court
Type of case: IP

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