Post Infringement Reasonable Royalty

2009-1154 Amado v. MicrosoftCD/CA 03-242Judge David Carter Plaintiff Amado appeals from the order of Judge David Carter setting the reasonable royalty for Microsoft's post-verdict sale of infringing products and reducing the number of units for which the royalty is owed. 

“Let’s a-go!” Nintendo Appeals $21 Million Judgement And Injunction

2008-1500 Anascape v. MicrosoftED/TX 06-cv-158Judge Ron Clark Nintendo appeals from the orders and judgment of Judge Ron Clark affirming a jury’s verdict that Nintendo’s GameCube controller, GameCube Wavebird wireless controller, and Wii Classic controller connected to the Wii remote controller infringes claims of 6,906,700.  The claims were also found valid and, after a bench trial, [...]

More Bulls Facing Tough Times

2008-1462 to 1465 Taurus IP v. DaimlerChryslerWD/WI 07-cv-158Judge Barbara Crabb Plaintiffs Taurus IP and Erich Spangenberg appeal from the judgment of Judge Barbara Crabb finding the 6,141,658 patent not infringed and certain claims invalid–a jury also found that plaintiffs breached a warranty from a prior settlement agreement.  Various other orders are involved, including one finding [...]

Trading Tech Lawsuit Yields Mixed Results

2008-1392 Trading Tech v. eSpeedND/IL 04-cv-5312 Both parties have appealed from various orders of Judge James Moran.  The case has a plethora of issues, mixed rulings, and reversals.  Excellent coverage of the district court proceedings is provided by David Donoghue at Chicago IP Litigation Blog. Trading Tech brought several suits, including this one against eSpeed [...]

Blackboard Loses Most Claims, Wins Millions And Injunction

2008-1368 Blackboard v. Desire2LearnED/TX 9:06CV155 Both parties appeal from the final judgment of Judge Ron Clark finding that claims 1-35 of Blackboard’s 6,988,138 patent are invalid (indefinite), but confirming the jury’s verdict that claims 36-38 are not invalid and infringed.  The jury also awarded Blackboard over $3 million in lost profits and royalties, and the [...]

Ocean Duke’s Fish Run Afoul Of Patent

2008-1364 Kowalski v. Ocean DukeD/HI 04-cv-00055 Defendant Ocean Duke appeals a series of orders by Judge Barry Kurren denying its various post-trial motions on non-infringement, invalidity and damages.  A jury previously found that Ocean Duke willfully infringed 5,972,401 and awarded $2.2 million. The ’401 patent is directed to a method of manufacturing tasteless super-purified smoke [...]

CHF’s Medical Device Is Chased From The Market

2008-1335 Chase Medical v. CHF TechnologiesND/TX 3:04-cv-2570 Defendant CHF appeals from the final judgment entered by Judge Barbara Lynn on the jury’s verdict that CHF willfully infringed 2 Chase patents.  The court doubled the award under § 284, awarded attorneys’ fees, and entered a permanent injunction against sales of CHF’s Blue Egg product. Chase’s patents [...]

Candle Tin Patent Torches Limited

2008-1333 Ball Aerosol v. Limited BrandsND/IL 05-c-3684 Defendants Limited (including Bath & Body Works) appeal from Judge Samuel Der-Yeghiayan’s orders granting summary judgment of infringement to plaintiff and, more recently, on damages and willfulness (in the amount of $2.8 million after enhancement).  Chicago IP Law covered the case here and here. Plaintiff Ball Areosol (BASC) [...]

Lighter Infringer Dodges Willfulness But Still Must Pay $800k

2008-1324/1325 Calico Brands v. Ameritek ImportsCD/CA cv-05-205 Both parties appeal from Judge Patrick Walsh’s Order granting in part, denying in part, defendant’s JMOL. The judge affirmed the jury award of nearly $800,000, but vacated the jury’s finding of willfulness and also denied plaintiff’s motion for enhanced damages.   The case involved  trigger-type lighters. The court had [...]

Animal Carcasses + Ex Employee=Infringement and Theft of Trade Secrets

2008-1228 Ecolab, Inc. v. FMC Corp.D/MN 05-cv-831 Plaintiff Ecolab appeals from Judge James Rosenbaum’s denial of several post-trial motions following a split jury verdict.  Ecolab sued FMC on several patents related to the treatment of animal carcasses and meat.  The jury found that FMC infringed several valid claims, did not infringe several claims, and that [...]