Tag: damages

One Case, All The Problems: VLSI v. Intel Exemplifies Current Issues In Patent Litigation

Patent litigation suffers from a number of issues at present. Hedge funds backing non-practicing entities (NPEs) in order to chase a share of billion-dollar judgments.  Plaintiffs using d...

Comparable Licenses Often Aren’t

One of the more complicated issues in patent law is the issue of damages—the determination of how much money a patent owner receives when they prove infringement and validity.  A patent owner, unde...

Icon Patents Shouldn’t Entitle The Patent Owner To Profits On The Whole Device

An important part of the Apple v. Samsung trial is about the exterior casing design patents.  But those aren’t the only design patents at issue—the other design patent in the case covers a colorf...

Nikola v. Tesla Illustrates Danger Of Overreaching With Design Patents

Last week, Nikola sued Tesla over advanced technology trucks.  But it isn’t about the technology. It’s not AC vs. DC or Edison vs. Tesla.  It isn’t even about electric vehicles (or hydrogen-el...

SCOTUS Will Decide Whether Foreign Infringement Can Create Lost Profits

Last Friday, the Supreme Court granted certiorari in WesternGeco v. ION Geophysical.  Essentially, the case asks whether, when components for a patented process or machine are manufactured in the U.S...

New Trial On Design Patent Damages, But A Flawed Test

In the long-running Apple v. Samsung dispute, which has now gone from the trial court to the Federal Circuit to an en banc opinion to the Supreme Court and then back to the Federal Circuit and finally...

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