Category Archives: Damages

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Permanent Injunctions for Non-Practicing Entities in Patent Cases

Many patent practitioners assume that non-practicing entities cannot obtain permanent injunctions in patent cases.  This is attributed to the belief that NPEs fail the four-factor test set out by the Supreme Court in eBay.  Given that belief, it is surprising for some to learn that a recent decision from the Northern District of California resurrected … Continue reading this entry

Supreme Court Allows Foreign Lost Profits on Domestic Acts of Patent Infringement Under 35 U.S.C. § 271(f)(2)

Today, in WesternGeco LLC v. ION Geophysical Corp., 585 U.S. __ (June 22, 2018), the Supreme Court ruled that recovering foreign lost profits attributable to domestic acts of infringement under 35 U.S.C. § 271(f)(2) does not violate the presumption against extraterritorial application of U.S. statutes.  In reaching its conclusion, the Court determined that the “focus” … Continue reading this entry

Supreme Court Complicates Design Patent Damage Calculation – Apple v. Samsung

On December 6, 2016, the Supreme Court issued a rare unanimous decision on the issue of damages for design patent infringement that continues the Apple v. Samsung smartphone legal odyssey. It also marks only the second time in over 100 years that the court has issued a substantive decision in a design patent case. But … Continue reading this entry

Willfulness After Halo: Now What?

The general consensus is that the Supreme Court’s June decision in Halo Electronics v. Pulse Electronics eased the path to proving willfulness, as discussed previously on IP Litigation Current. Many speculated that one result of the Halo decision would be an increase in the value of patents, since a finding of willfulness may lead to trebling of damages. … Continue reading this entry

An Even Faster Track In E.D. Texas: Accelerated Damages Discovery In Patent Cases

On February 25, 2014, Chief U.S. District Judge Leonard Davis of the Eastern District of Texas unveiled an optional accelerated discovery schedule for cases involving claims of patent infringement. General Order 14-3 authorizes the use of a “Track B Initial Patent Case Management Order,” which requires the early disclosure of license and settlement agreements for the … Continue reading this entry