Tag Archive for damages

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, under 35 U.S.C. § 284, will be awarded “damages adequate to compensate for the infringement, but in no event less than a reasonable…

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-electric trucks, Nikola’s chosen technology). It’s about the shapes of windshields and doors.  It’s about design patents. And Nikola got it all wrong. A…

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 back to the trial court, Judge Koh has granted a new trial on the issue of damages for…