Filewrapper®

Category: Damages


Music Publishing Company Sues Spotify for $1.6 Billion
January 03, 2018
Post by Brandon W. Clark
Spotify has a growing copyright problem and as previously discussed on this blog (here and here) they are no stranger to copyright infringement lawsuits. Wixen Music Publishing Inc. recently filed a complaint seeking $1.6 billion in damages alleging copyright infringement. On December 29th, Wixen filed suit in California federal court claiming Spotify has repeatedly failed to obtain necessary statutory, .......
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Broad Definition of "Article of Manufacture" Costs Apple $400M
December 06, 2016
Since May 2015, Filewrapper, along with the intellectual property community, has been closely watching the heated Apple v. Samsung design patent and trade dress row.  On December 6th, the Supreme Court upset the controversial $400 million damages award to Apple, essentially holding that such penalties are available for the "article of manufacture,"which may not mean the .......
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Supreme Court Issues Decision on Treble Damages
June 13, 2016
Post by Blog Staff
On the subject of willful infringement, 35 U.S.C. § 284 provides that, "[T]he court may increase the damages up to three times the amount found or assessed.‚¬ On its face, the statute allows for broad discretion by the district courts, but the Federal Circuit set out a stricter standard for awarding of enhanced damages, as In re Seagate Technology LLC. This test required clear and c.......
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Supreme Court Revisits Standard for Awarding Attorneys' Fees in Copyright Cases
April 28, 2016
Post by Brandon W. Clark
Brandon W. Clark Earlier this week the Supreme Court heard oral arguments addressing the relevant standard for awarding attorneys' fees in cases involving copyright law. The Court's ruling, expected later this spring, will likely have a significant impact on copyright litigation cases. Section 505 of the Copyright Act provides that a district court "may"award a reasonable attorney's fee to a "prevai.......
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Does Spotify Owe You Money? Streaming Service Sued for $150 Million in Unpaid Royalties
February 24, 2016
Post by Brandon W. Clark
Brandon W. Clark David Lowery, the frontman of Cracker and Camper Van Beethoven, has recently filed a class action lawsuit seeking at least $150 million dollars in damages against Spotify. Lowry alleges Spotify knowingly, willingly, and unlawfully reproduces and distributes copyrighted compositions without obtaining mechanical licenses. According to the complaint, which was fil.......
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Supreme Court to Review Willful Infringement Standard in Light of Octane Fitness
October 21, 2015
Post by Blog Staff
Paul S. Mazzola In the 2014 case of Octane Fitness v. ICON Health & Fitness, the Supreme Court overruled Federal Circuit jurisprudence and provided a flexible framework for district courts to grant attorney's fees in "exceptional cases"under 35 U.S.C. § 285. The Court reasoned that requiring a prevailing party to show "material inappropriate conduct"or that a case was both "object.......
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Apple v. Samsung-Part II, A Design Patent Breakdown
May 21, 2015
Post by Luke T. Mohrhauser
  The United States Court of Appeals for the Federal Circuit recently decided the appeal for Apple v. Samsung, involving allegations of trade dress dilution, design patent infringement, and utility patent infringement. The case relates to Samsung's alleged copying of Apple's popular iPhone smartphone. A jury previously found that Samsung infringed Apple's design and utility patent.......
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Lost Profit Damages Require Actual Sales by Patentee
March 12, 2015
Post by Jonathan L. Kennedy
The award of damages in patent infringement cases is governed by 35 U.S.C. § 284. The statute provides "[u]pon finding for the [patent owner] the court shall award the claimant damages adequate to compensate for the infringement, but in no event less than a reasonable royalty for the use made of the invention by the infringer, together with interest and costs as fixed by the court." The statu.......
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USPTO Issues Report on Virtual Patent Marking Under the AIA
October 01, 2014
Post by Blog Staff
Among the provisions of the America Invents Act that went into effect on September 16, 2011 was a change to the patent marking provisions contained in 35 U.S.C. § 287(a). Marking an article as with a patent number provides constructive notice to the public that the article is patented, and failure to appropriately mark an article can preclude the recovery of damages for infringement until effective notice is.......
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Copyright 3-year Statute of Limitations Trumps Laches Defense
May 20, 2014
Post by Blog Staff
PETRELLA v. METRO-GOLDWYN-MAYER, INC. Frank Petrella wrote two screenplays and one book based on the life of boxing champion Jake LaMotta. One of the screenplays, registered in 1963, identifies Patrella as the sole author, written in collaboration with LaMotta. LaMotta and Patrella assigned their rights in the screenplay, including renewal rights, to Chartoff-Winkler Productions, Inc. in 1976, who in turn sold.......
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Jury Returns Verdict for Apple in Patent Infringement Suit
May 06, 2014
Post by Blog Staff
On Friday, May 2, 2014 a jury found Samsung Electronics Co. ("Samsung") liable for infringing two patents owned by Apple, Inc. ("Apple"). The two patents are U.S. Patent No.5,946,647, which is directed to systems and methods that analyze text for things that can be hyperlinked, e.g., email addresses, websites, and phone numbers, and then provides quick link options; and U.S. Patent No.8,046,72.......
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MVS Filewrapper - Blog:Supreme Court Revises Standards for Sanctions in Exceptional Patent Cases
April 29, 2014
Post by Blog Staff
Two U.S. Supreme Court opinions issued today—Octane Fitness, LLC v. Icon Health & Fitness, Inc. and Highmark Inc. v. Allcare Health Management System, Inc.—have changed the framework for which exceptional cases are analyzed under § 285 of the Patent Act. For years, the controlling case with regard to § 285 of the Patent Act was Brooks Furniture Mfg., Inc. v. Dutailier Int'l, Inc. In.......
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New and Useful - July 10, 2013
July 10, 2013
Post by Blog Staff
· InConvolve v. Compaq Computer the Federal Circuit affirmed in part the United States District Court for the Southern District of New York ruling that Compaq Computer Corp., Seagate Technology, LLC., and Seagate Technology, Inc. did not misappropriate 11 of 15 alleged trade secrets from Convolve, Inc. In addition, the Federal Circuit affirmed the district court’s judgment that 8 claims of U.......
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Federal Circuit affirms importance of secondary indicia of non-obviousness
April 05, 2013
Post by Blog Staff
The Federal Circuit has recently decided the case ofPower Integrations, Inc. v. Fairchild Semiconductor International, Inc. Power Integrations, Inc. (Power) sued Fairchild Semiconductor International, Inc. (Fairchild) in the U.S. District Court for the District of Delaware, alleging infringement of Power’s four patents covering chargers for mobile phones. In a bifurcated trial, the claims of the patents .......
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New and Useful - April 5, 2013
April 05, 2013
Post by Blog Staff
· In Power Integrations, Inc. v. Fairchild Semiconductor International, Inc. the Federal Circuit clarified several points relating to claim construction, determinations of non-obviousness, and calculation of damages. The court confirmed that claiming a “circuit” in conjunction with a sufficiently definite structure for performing the identified function is adequate to bar means-plus-fu.......
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New and Useful - January 23, 2013
January 23, 2013
Post by Blog Staff
· In Wax v. Amazon Techs., the Federal Circuit upheld the TTAB’s denial of registration of the mark AMAZON VENTURES. Applicant filed and intent-to-use application to register the mark for “investment management, raising venture capital for others, . . . and capital investment consultation.” Amazon Technologies, Inc.—online retailer and owner of several AMAZON.COM marks&mdas.......
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New and Useful - Janurary 14, 2013
January 14, 2013
Post by Blog Staff
· The Supreme Court handed down its decision in Already, LLC v. Nike, Inc. The Court held that Nike’s covenant not to sue Alreadyfor alleged infringement of Nike’s AIR FORCE 1 trademark—entered into after Nike had filed suit and Already had filed a counterclaim challenging the mark’s validity—rendered both Nike’s claims and Already’s counterclaims moot. Th.......
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Another Billion Dollar Patent Verdict
January 03, 2013
Post by Blog Staff
Another billion dollar verdict has been handed out in a patent case. Read the verdict in Carnegie Mellon University v. Marvell Technology Group, LTD. here. This latest case continues a string of billion dollar verdicts highlighted by Jonathan Kennedy in the latest edition of MVS Briefs. Carnegie Mellon brought suit alleging infringement of two of its patents, Patent No. 6,201,839 and Patent No. 6,438,180, relat.......
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Remittitur without new trial requires legal error, not error as a matter of law
October 29, 2008
Post by Blog Staff
In a recent decision, the Federal Circuit reversed a district court's reduction of the jury's damages award, remanding the case for a new trial on damages, and affirmed the jury's verdict of willful infringement and the district court's award of attorney fees under § 285. The district court held there was insufficient evidence as a matter of law to support the jury's damages award, so it .......
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Anticipation no longer the epitome of obviousness? Claims can be anticipated but nonobvious
October 16, 2008
Post by Blog Staff
The Federal Circuit recently affirmed a district court's finding of non-willful infringement for one product, reversed its claim construction and related finding of noninfringement of a second product, and vacated its judgment as a matter of law on the issue of anticipation. The district court, at the charge conference near the end of the jury trial in this case, decided not to instruct the jury on anticipati.......
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Seventh Circuit reverses trademark damages award in default judgment because wrong standard applied
September 22, 2008
Post by Blog Staff
The Seventh Circuit recently reversed the amount of damages in a district court's entry of default judgment in a trademark infringement dispute. At issue was whether the Plaintiff was entitled to additional relief on the grounds that the district court applied the wrong standard to its claim for an accounting of profits. The district court found the plaintiff's damage request to be "clearly excessi.......
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First Circuit: Don't expect to win on appeal if you admit 7 of 8 likelihood of confusion factors
September 02, 2008
Post by Blog Staff
In a decision Friday, the First Circuit affirmed a district court's summary judgment of trademark infringement and an associated award of the defendant's profits and attorney fees to the plaintiff. The defendant used the plaintiff's registered marks in both the metatags of its website as well as in white text on a white background in the body of the site in an effort to cause consumers searching for t.......
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Efforts to terminate infringement after notice of patent doesn't avoid damages
August 21, 2008
Post by Blog Staff
In a decision Tuesday, the Federal Circuit vacated a district court's grant of summary judgment of non-infringement of a patent on the basis of claim construction. Specifically, the district court had improperly imported limitations from nonasserted claims into the asserted claims, resulting in an unduly narrow claim construction. The court also vacated the district court's grant of summary judgment of .......
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Ninth Circuit: No statutory damages for continuing infringement that began before registration
June 16, 2008
Post by Blog Staff
In a decision last week, the Ninth Circuit reversed a district court's award of statutory damages for copyright infringement and affirmed the district court's default judgment award of attorney's fees for trademark infringement. The plaintiff's copyright registration had an effective date of approximately one month after the first act of infringement, and nearly two years after first publication........
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No lost profits when patent owned by parent but practiced by subsidiary
June 04, 2008
Post by Blog Staff
In a decision this week, the Federal Circuit affirmed a district court's grant of summary judgment in the damages phase of a patent infringement case denying recovery for lost profits. The patentee's wholly-owned subsidiary actually practiced the claimed invention, but the subsidiary paid a standard license royalty to the patentee for use of the invention, and the subsidiary's profits did not "f.......
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Fifth Circuit affirms injunction against trademark infringement in Saudi Arabia
February 29, 2008
Post by Blog Staff
In a recent decision, the Fifth Circuit affirmed a district court's finding of infringement and disgorgement of profits, but increased the amount of profits awarded because the defendant failed to provide evidence of its costs to reduce the award. Interestingly, the infringement took place entirely outside the United States, namely in Saudi Arabia. Even though the products were not sold in the United States.......
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Post-verdict infringement royalty must take into account changed bargaining position of parties
February 28, 2008
Post by Blog Staff
In a decision Tuesday, the Federal Circuit addressed the issuance, stay, and subsequent dissolution of a permanent injunction. Further, the court addressed how damages should be allocated from infringement during a stay. The district court took the jury's reasonable royalty for pre-verdict infringement and trebled it to determine the applicable post-verdict royalty. The Federal Circuit vacated this decisio.......
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Eleventh Circuit: One-satisfaction rule applies to copyright infringement awards
February 28, 2008
Post by Blog Staff
In a decision this week, the Eleventh Circuit reversed the decision of a district court, holding the "one-satisfaction rule" does apply to infringement claims under the Copyright Act.This appeal arose out of a jury award to copyright plaintiff of almost $1.6 million against two defendants who infringed the plaintiff's rights in its used boat price guide. Pursuant to the one-satisfaction rule, the t.......
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Seventh Circuit: Sanction of no damages for improper witness contact too severe compared to harm
February 25, 2008
Post by Blog Staff
In a decision Friday, the Seventh Circuit affirmed a jury verdict of trademark infringement, but reversed the district court's ruling holding the plaintiff had forfeited damages because of improper conduct towards a prospective witness. The court dealt with whether the burden of proof for the sanction was by clear and convincing evidence or as the district court concluded, by a mere preponderance of the evide.......
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Federal Circuit once again affirms that saving patented seeds for replanting is infringement
February 06, 2008
Post by Blog Staff
In a decision yesterday, the Federal Circuit once again affirmed a finding of infringement against a farmer who saved seeds covered by a patent to replant the following year. The plaintiff in this case, Monsanto, has brought similar cases in the past, and they have resulted in similar outcomes.Here, the asserted claims covered the genetic sequence for Monsanto's Roundup Ready gene, which, when incorporated.......
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Infringement of two claims and $74 million in damages affirmed, injunction reinstated
February 05, 2008
Post by Blog Staff
In a decision last week, the Federal Circuit affirmed-in-part and reversed-in-part a jury verdict of infringement of a patent owned by Tivo relating to its DVR technology. The ruling was based on claim construction, with the court finding that, based on the correct construction of claims directed to the DVR hardware, there was no infringement of those claims. However, the claims directed to the software were c.......
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No damages for convoyed sales when no functional relationship between patented and unpatented goods
January 29, 2008
Post by Blog Staff
In a decision today, the Federal Circuit affirmed a district court's decision setting aside the portion of a jury verdict awarding convoyed sales to a patentee, and sustaining the portion of the verdict finding the alleged infringer had not shown invalidity via public use. There was no evidence of a functional relationship between the patented and unpatented goods, instead the two were sold together as a mat.......
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When market entry fee part of damages for patent infringement, permanent injunction inappropriate
January 21, 2008
Post by Blog Staff
In a recent decision, the Federal Circuit affirmed a finding of infringement of a patent relating to the detection and classification of Hepatitis C Virus, but remanded the case for a determination of anticipation. In arguably the most interesting aspect of the decision, the court vacated the permanent injunction entered against the defendant. The plaintiff asked for and was awarded damages to compensate for th.......
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Ninth Circuit: Attorney fees only available for trademark counterfeiting when actual damages sought
December 20, 2007
Post by Blog Staff
In a decision Tuesday, the Ninth Circuit reversed a district court's decision awarding $100,000 in attorney's fees for trademark counterfeiting under 15 U.S.C. § 1117(c). The court reached this decision based on the language of § 1117: While § 1117(b), the provision allowing attorney's fees, states that they shall be awarded when damages are assessed under § 1117(a), the subsecti.......
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Jury verdict finding Microsoft's product activation systems infringed two patents affirmed
November 19, 2007
Post by Blog Staff
In a decision Friday, the Federal Circuit affirmed a district court's finding of infringement and no invalidity of patents relating to the reduction of software piracy. At issue was a finding of non-infringement based on the claim construction of claim limitations found in patents held by z4 Technologies. In affirming the district court decision, the court found that a reasonable juror could find that Micr.......
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Sixth Circuit: ratio of punitive to compensatory damages too great in copyright case
October 19, 2007
Post by Blog Staff
In a decision Wednesday, the Sixth Circuit affirmed in part and reversed in part a district court judgment awarding $366,939 in compensatory damages, $3.5 million in punitive damages, and $150,000 in statutory damages (to a second plaintiff) in a copyright infringement case. The case was brought against the music publishers behind The Notorious B.I.G. album Ready to Die, and dealt with sampling of an Ohio Playe.......
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Infringement and royalty rate affirmed; dismissal of willful infringement claim reversed
September 06, 2007
Post by Blog Staff
In a recent decision, the Federal Circuit affirmed-in part a district court's grant of summary judgment of infringement of a patent, finding that the claims were properly held to include measuring devices that either directly or indirectly compare two signals to determine the proper measurement. The court reversed-in part the district court's damages award. The district court properly determined the rea.......
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Sixth Circuit affirms copyright infringement award against karaoke disc maker
June 26, 2007
Post by Blog Staff
In a decision today, the Sixth Circuit affirmed an award of $806,000 in statutory damages plus attorney fees in a copyright case. The case was brought by a copyright holder against a manufacturer of karaoke discs incorporating the compositions to which the plaintiffs held the copyright.The court upheld the award and finding of willful infringement over the defendant's challenges under the Due Process Clause.......
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Sixth Circuit: Damages for copyright infringement available even if copies not actually used
June 15, 2007
Post by Blog Staff
The Sixth Circuit issued a ruling that, by largely following the Second Circuit, clarifies the calculation of damages for copyright infringement under 17 U.S.C. § 504(b) and 17 U.S.C. § 505 for infringing copies of software. Specifically, the court decided that unused infringing copies should still be included in actual damages, the use of the list price of the software does not sufficiently establish .......
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Federal Circuit affirms damage award to Monsanto against farmer who saved seed
May 24, 2007
Post by Blog Staff
In the latest in a series of appeals to the Federal Circuit, the court affirmed a jury's award of damages to Monsanto for infringement of patents relating to glyphosate resistant plants. The defendant, a farmer, had saved seeds from his crops from one growing season to the next in violation of the terms of the license granted by Monsanto to use the seeds. In previous appeals, the finding of liability for pa.......
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Federal Circuit reverses lost profits award and finding of personal liability
May 18, 2007
Post by Blog Staff
In a decision today, the Federal Circuit reversed a jury's award of damages based on lost profits as well as personal liability against the defendant corporation's principal. The district court let the issue of lost profits damages go to the jury, but the Federal Circuit determined that, as a matter of law, the court should not have let the jury decide the issue because there was insufficient evidence fo.......
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Federal Circuit considers intent required for inducing infringement en banc
December 14, 2006
Post by Blog Staff
The Federal Circuit resolved a perceived conflict in its case law regarding the necessary level of intent required for a defendant to be found liable for inducing infringement of a patent. The court considered one subsection of DSU Medical Corp. v. JMS Co. en banc to resolve the conflict. The court held that to prove the intent necessary for liability for inducing infringement, there must be "evide.......
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The attorneys of McKee, Voorhees & Sease, P.L.C. designed this blog as an informational and educational resource about intellectual property law for our clients, other attorneys, and the public as a whole. Our goal is to provide cutting-edge information about recent developments in intellectual property law, including relevant case law updates, proposed legislation, and intellectual property law in the news.

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