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Patents Lump Sum Payments Damages

Fish & Richardson

Developing Issues in Patent Damages: Future Royalties

Fish & Richardson on

Increasingly, plaintiffs in patent infringement suits are projecting sales through the expiration of the patent, discounting for present value, and then calling the resulting figure a “lump sum” royalty. ...more

Knobbe Martens

Federal Circuit Review | June 2024

Knobbe Martens on

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 & Schulte

Tag, You’re It: Sanctions Award Must Reflect Violative Conduct

McDermott Will & Schulte on

The US Court of Appeals for the Federal Circuit determined that an accused infringer was entitled to a new trial relating to validity issues but still faced sanctions for its continuous disregard of its discovery obligations....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

Schwabe, Williamson & Wyatt PC

Latest Federal Circuit Court Cases - November 2018 #4

PATENT CASE OF THE WEEK - Enplas Display Device Corp. v. Seoul Semiconductor Co., Ltd., Appeal No. 2106-2599 (Fed. Cir. Nov. 19, 2018) In an appeal from a jury verdict and JMOLs in a patent infringement case, the...more

Proskauer - New England IP Blog

Need for Illumination of Maximum Recovery Rule Warrants Interlocutory Appeal

Chief Judge Patti B. Saris of the District of Massachusetts recently issued an order paving the way for the Trustees of Boston University to seek an interlocutory appeal to clarify the Maximum Recovery Rule for remittitur....more

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