News & Analysis as of

Jury Instructions Patent Infringement Damages

Miller Canfield

Apple’s Second Bite Is Successful: Federal Circuit nixes Optis verdict involving Standard Essential Patents due to jury...

Miller Canfield on

Apple has escaped a $300 million patent infringement verdict after a three-judge panel of the United States Court of Appeals for the Federal Circuit vacated both the infringement and damages judgment because of faulty jury...more

McDermott Will & Emery

Too Good to Be True? Federal Circuit Demands Evidence of Reliance on Favorable Ruling, Stipulation

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit held that notwithstanding a stipulation on claim construction, a party may still induce infringement absent proof that it actually relied on the stipulation, and that mere...more

Mintz - Intellectual Property Viewpoints

Expert’s Lump-sum Damage Calculation is Not Inadmissible Because it Accounts for Future Sales of Potentially Non-accused Products

A recent order from the District of Delaware in Evolved Wireless, LLC v. Apple Inc., No. 15-00542 (“Evolved Wireless”) provides interesting guidance regarding the use of future sales in calculating lump-sum damages. This...more

Morris James LLP

Court Rules On Curative Jury Instruction Regarding Damages

Morris James LLP on

Transcenic, Inc. v. Google, Inc., C.A. No. 11-582-LPS, January 12, 2015. Stark, J. Court resolves dispute regarding curative jury instruction relating to damages....more

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