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US Supreme Court: 'Defendant’s Profits' Are Limited to Named Defendants Under the Lanham Act

Under the Lanham Act, a plaintiff who prevails on a trademark infringement claim may be entitled to recover the “defendant’s profits” as damages. The Supreme Court in Dewberry Group, Inc. v. Dewberry Engineers Inc....more

District Court: Accused Infringer Bears the Burden of Timely Raising a Non-Infringing Alternatives Theory

In a patent infringement case, the district court granted plaintiff’s motion to strike portions of defendant’s technical expert’s rebuttal report on the basis that defendant failed to timely disclose non-infringing...more

District Court in Alabama Rejects Inexorable Flow Theory of Lost Profit Damages

On January 28, 2020, the Northern District of Alabama granted-in-part a defendant’s motion for summary judgment, holding that the plaintiff could not recover damages based on a theory of lost profits because the plaintiff...more

Jury Verdict of $145 Million Reduced to $10 Million Based on Expert’s Failure to Properly Apportion

On January 3, 2019, following a jury’s award of $145 million in damages to Wi-LAN, the Southern District of California granted Apple’s motion for a conditional order of remittitur to a $10 million damages award. In granting...more

IP Newsflash - October 2014 #3

Federal Circuit Affirms Willful Infringement Judgment and Enhanced Damages Award - In an October 14, 2014, decision, the Federal Circuit upheld a judgment of willful infringement and an award of enhanced damages...more

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