IP Blog
patent damages
How Important is Compliance with the Marking Statute? The Federal Circuit Continues to Say It Is Pretty Important.
When an accused infringer admits to knowledge of potential infringement, but the commercial embodiment of the patent fails to comply with the marking statute, 35 U.S.C. § 287, what date should be used for calculating damages? The Federal Circuit says that if a product is not compliant with § 287, damages are calculated from the date of actual notice regardless...
Non-Patented Features and the Entire Market Value Rule
Evidence that a patented feature drives customer demand is insufficient to justify damages under the entire market value rule (EMVR) when non-patented features may drive customer demand. Power Integrations, No. 2017-1875 (Fed. Cir. July 3, 2018). The Federal Circuit vacated a damages award for patent infringement from a jury that relied on the EMVR, noting that while the plaintiff showed...
Date of Assignment Limits Standing for Patent Plaintiff
A defendant was entitled to summary judgment limiting the plaintiff to damages only for infringing acts that occurred after the date of the assignment. CSB-System Int’l., Inc. v. SAP America, Inc., No. 10-2156 (E.D. Pa. April 30, 2012). The holding in this software/hardware patent case was based on the principle that, ordinarily, a plaintiff has standing to sue only for...