Apple SEC filing reveals strategy with respect to VirnetX ruling
On August 11, 2010, VirnetX, Inc. filed an action against Apple alleging that certain of its products infringed on four patents relating to network communications technology. On November 6, 2012, a jury returned a verdict for VirnetX, and awarded damages of $368 million. Bookmark on DeliciousDigg this postRecommend on Facebookshare via RedditShare with StumblersTweet about [...]
Judge reduces damages in Apple v. Samsung, setting the floor at $598M, and offers some guidance to expert witnesses
On March 1, US District Court Judge Lucy Koh ruled that Samsung Electronics should pay Apple adjusted damages of $598 million, down from the jury’s award of just over $1 billion. (A jury found that 14 Samsung products had violated Apple patents.) The restating of the damages was due to two factors: 1) the jury [...]
Does apportionment rule extend to trade secrets cases?
Case analysis: Versata Software, Inc. v. Internet Brands, Inc., 2012 U.S. Dist. LEXIS 145020 (October 9, 2012) Background: Both the plaintiff and defendant sold software to large automobile manufacturers that permitted customers to comparison-shop for cars on line. After the plaintiff lost its contract with Chrysler to the defendant, it sued for patent infringement related [...]
Judge Posner again takes aim at experts’ patent damages calculations
In his crusade to “fix” the U.S. patent system, Judge Richard Posner (7th Circuit) wants federal courts to use the two most ready tools at their disposal: the appointment of neutral damages experts and the application of a more precise calculus of damages. Bookmark on DeliciousDigg this postRecommend on Facebookshare via RedditShare with StumblersTweet about [...]
So far, the Nash Bargaining Solution is no stand-alone substitute for the 25% rule-of-thumb
Uniloc put to rest the 25% rule-of-thumb. Assuming the problem is the “of-thumb” nature of the 25% rule, seeking more rigorous proof, plaintiffs in patent infringement cases have tried turning to the Nash Bargaining Solution as a mathematical construct for calculating damages. So, how’s that going for them? Bookmark on DeliciousDigg this postRecommend on Facebookshare [...]
Expert’s apportionment is not enough to save patent damages—but it saves copyright claims
After a jury awarded the plaintiff $60 million for copyright infringement and just over $51 million for patent infringement, the defendant appealed both verdicts, claiming they lacked sufficient evidence. Bookmark on DeliciousDigg this postRecommend on Facebookshare via RedditShare with StumblersTweet about itSubscribe to the comments on this post
Damages witnesses need to use “reliable” valuation methods
Damages witnesses justifying a reasonable royalty should bag the entire market value rule entirely and make sure any licenses submitted as evidence are, indeed, comparable. Bookmark on DeliciousDigg this postRecommend on Facebookshare via RedditShare with StumblersTweet about itSubscribe to the comments on this post
Jury awards Carnegie Mellon University $1.17B in damages
Carnegie Mellon sued Marvell Technology Group, Ltd., a Bermuda-based, Santa Clara-headquartered (see here for why) chip manufacturing company in 2009 in the federal court for the Western District of Pennsylvania, alleging the company had infringed patents covering technology associated with “increasing the accuracy with which hard disk drive circuits read data from high-speed magnetic disks,” [...]
Federal Circuit: Again, Georgia-Pacific is not a rule
In still another decision, Energy Transportation Group, Inc. v. William Demant Holding, 2012 LEXIS 21200 (Oct. 12, 2012), the U.S. Court of Appeals for the Federal Circuit reaffirmed that the 25% rule of thumb is a “fundamentally flawed tool for determining a baseline royalty rate” in patent infringement cases, citing its recent opinion in Uniloc [...]
Google continues to dodge trademark infringement bullets with its AdWords policy
Google AdWords enables organizations to promote their offerings on the web on a cost-per-click (CPC) basis. The advertiser specifies the keywords to be targeted and how much he or she is willing to pay for each click through. When searchers type in the targeted keyword, advertisers’ ads appear dependent upon how much they are paying. [...]
Share your thoughts...