News & Analysis as of

Patent Infringement License Agreements

Proskauer Rose LLP

Three Point Shot - June 2025

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Hubble-Bubble in the Chewing Gum Industry: Big League Chew and Licensee Stretch Arguments in Ongoing Trade Dress Suit - The business relationship between Big League Chew Properties LLC (“Big League Chew”), the owner of...more

Hudnell Law Group

Federal Circuit Enforces Gatekeeping Role in Patent Damages Testimony

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On May 21, 2025, the United States Court of Appeals for the Federal Circuit, sitting en banc, reversed a $20 million damages award against Google LLC in a patent infringement dispute with EcoFactor, Inc. EcoFactor, Inc. v....more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Patent Licensing & Standing: A.L.M. Holding Co. v. Zydex Indus. Private Ltd. (D. Del. Nov. 25, 2024)

In the United States, a plaintiff must have standing to bring suit in U.S. courts. For patent cases, this means that for a plaintiff to have constitutional standing, the plaintiff must show that it has “an exclusionary right...more

Baker Donelson

Implications of the Federal Circuit's Decision in EcoFactor, Inc. v. Google LLC

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The Federal Circuit's recent en banc decision in EcoFactor, Inc. v. Google LLC has already been touted as a landmark decision on expert damages testimony in patent cases. In EcoFactor, the Federal Circuit weighed in on the...more

Baker Botts L.L.P.

Patent Apportionment: Anything You Say in a License Agreement May Be Used Against You in a Court of Law - UPDATED May 2025

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On May 21, 2025, the Federal Circuit “reverse[d] the district court’s denial of Google’s motion and remand[ed] for a new trial on damages.” The decision resulted in an 8-2 vote, with Judges Reyna and Stark dissenting. The...more

McDermott Will & Emery

En Banc Federal Circuit Cools Damages Award Because of Improper Expert Testimony

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In an en banc decision in EcoFactor, Inc. v. Google LLC, the US Court of Appeals for the Federal Circuit concluded that the district court abused its discretion by admitting testimony from a damages expert that a lump-sum...more

Lowndes

The Power of Patents: Protecting Your Innovation and Boosting Your Business

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Whether you’re a startup founder, an innovator, or a multi-national corporation, understanding the strategic importance of patents can transform the way you protect and leverage your intellectual property (IP) portfolio....more

Alston & Bird

Patent Case Summaries | Week Ending October 11, 2024

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AlexSam, Inc. v. Aetna, Inc., No. 2022-2036 (Fed. Cir. (D. Conn.) Oct. 8, 2024). Opinion by Stark, joined by Lourie and Bryson. AlexSam filed a complaint accusing Aetna of patent infringement based on Aetna’s “Mastercard...more

Knobbe Martens

Federal Circuit Review | June 2024

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Reliably Determining Reasonable Royalty Rates from Lump Sum Licenses - In Ecofactor, Inc. V. Google LLC, Appeal No. 23-1101, The Federal Circuit held that license agreements containing a lump sum payment “based on” a royalty...more

McDermott Will & Emery

The $X Factor: Demystifying Damages Calculations

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The US Court of Appeals for the Federal Circuit affirmed a district court’s decision to deny a defendant’s motion for a new trial on damages, finding that the plaintiff’s damages expert sufficiently showed that prior license...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - June 2024

EcoFactor, Inc. v. Google LLC, Appeal No. 2023-1101 (Fed. Cir. June 3, 2024) In the Federal Circuit’s only precedential patent opinion this week, the court addressed issues of infringement and admissibility that arose...more

Knobbe Martens

Reliably Determining Reasonable Royalty Rates From Lump-Sum Licenses

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Summary:  License agreements containing a lump-sum payment “based on” a royalty rate may provide reliable evidence of a reasonable royalty rate for the licensed patent. EcoFactor sued Google for patent infringement over...more

Knobbe Martens

The Heightened Standard of Proving Induced Infringement

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ROCHE DIAGNOSTICS CORPORATION v. MESO SCALE DIAGNOSTICS, LLC - Before Newman, Prost, and Taranto. Appeal from the U.S. District Court for the District of Delaware. Summary: A finding of inducing infringement requires...more

Fitch, Even, Tabin & Flannery LLP

Where Is the Federal Circuit on Using Comparable Licenses to Prove Reasonable Royalties and Apportionment in Patent Cases?

In patent litigation, the adequacy of proof of apportionment in reasonable royalty damage claims is often a challenging issue that is hotly contested by the parties. The Federal Circuit has recently focused on the use of...more

McDermott Will & Emery

Federal Circuit Sends iPhone Patent Dispute Back for Third Damages Trial

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Considering numerous claim construction, infringement and damages issues related to patents allegedly covering Apple’s iPhones 5 and 6 series technology, a panel of the US Court of Appeals for the Federal Circuit determined...more

Knobbe Martens

Be Careful What You Agree To: Incorporated Rules Clearly and Unmistakably Delegate Determining Arbitrability

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ROHM SEMICONDUCTOR USA, LLC v. MAXPOWER SEMICONDUCTOR, INC. Before Lourie, O’Malley, and Chen.  Appeal from the U.S. District Court for the Northern District of California. Summary:  An arbitration agreement, which...more

Knobbe Martens

No Standing for Second Bite at the Apple

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APPLE, INC. v. QUALCOMM, INC. Before Newman, Prost, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: Apple lacked standing to appeal an IPR decision upholding patents that Apple licenses from...more

Wiley Rein LLP

No Coverage for Second Lawsuit Alleging Acts that Correlate to Acts Alleged in Earlier Lawsuit Predating Claims-Made Policy Period

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A federal district court, applying Florida law, has held that an insurer owed no duty to defend or indemnify its insured because the acts giving rise to the underlying litigation were related to earlier litigation that...more

Fitch, Even, Tabin & Flannery LLP

Federal Circuit Affirms Exclusion of Expert Opinion on Reasonable Royalty Rate

On August 26, in MCL Intellectual Property, LLC v. Micron Technology, Inc., the Federal Circuit affirmed exclusion of an expert opinion regarding a reasonable royalty, holding that the district court did not abuse its...more

Knobbe Martens

Forget About Seeking a Reasonable Royalty—Court Affirms Order Excluding Damages Theory for Flash Memory Patent

Knobbe Martens on

MLC INTELLECTUAL PROPERTY, LLC v. MICRON TECHNOLOGY, INC. Before Newman, Reyna, and Stoll. Appeal from the United States District Court for the Northern District of California. Summary: When relying upon lump sum...more

Foley & Lardner LLP

. License Agreement Not Enough for Standing on Appeal of an IPR Apple Inc. v. Qualcomm Inc.

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In a precedential decision, the Federal Circuit held that Apple lacked standing to appeal from its loss as petitioner in a couple of inter partes reviews (IPRs) against patent owner Qualcomm. Background - Qualcomm sued...more

McDermott Will & Emery

2G or Not 2G: Patent License Applies to Future Generation Wireless Networks

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In interpreting a patent license agreement originally drafted in the era of third generation (3G) cellular networks, the US Court of Appeals for the Federal Circuit found that the license agreement covered subsequent wireless...more

Morrison & Foerster LLP - Federal Circuitry

Last Week in the Federal Circuit (January 25-29): Year 1993 and LTE Technology

Despite no precedential patent decisions at the Federal Circuit, the Court still addressed some interesting issues last week, including whether a license agreement from 1993 bars patent infringement claims on LTE technology...more

Troutman Pepper Locke

Federal Circuit Review - Issue 278

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278-1. Federal Circuit Remands Patent Infringement Case to Answer Patent Ownership and License to Practice Questions - The Federal Circuit recently vacated a grant of summary judgment of non-infringement of a patent,...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - October 2020 #2

AntennaSys, Inc. v. AQYR Techs., Inc., Appeal No. 2019-2244 (Fed. Cir. Oct. 7, 2020) - In the only precedential opinion issued by the Federal Circuit this week, the Court declined to reach the merits of a judgment of...more

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