Damages for Post-Infringement-Verdict Sales Are Affected by the Stay of Injunction Addressing the issue of damages for a post-infringement-verdict period, the U.S. Court of Appeals for the Federal Circuit reversed the district court’s unexplained damage award, which trebled the per unit royalty rate for the post-verdict period, and remanded the damages issue for further consideration…
Federal Circuit Reinterprets Claims Based on Intrinsic Evidence Disagreeing with a district court’s interpretation that a “frame” in sunglasses included rims, the U.S. Court of Appeals for the Federal Circuit, in a non-precedential decision, reversed a district court’s summary judgment of non-infringement as to one patent, but affirmed the grant of summary judgment of non-infringement…
Intent to Deceive Must be Shown by Clear and Convincing Evidence Addressing the issue of inequitable conduct during patent prosecution, the U.S. Court of Appeals for the Federal Circuit affirmed a district court’s holding that the patentee’s alleged acts did not rise to the level of inequitable conduct. The court also affirmed the district court’s…
