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Infringement of two claims and $74 million in damages affirmed, injunction reinstated

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 […]

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No damages for convoyed sales when no functional relationship between patented and unpatented goods

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 […]

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When market entry fee part of damages for patent infringement, permanent injunction inappropriate

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 […]

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Ninth Circuit: Attorney fees only available for trademark counterfeiting when actual damages sought

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 […]

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Jury verdict finding Microsoft’s product activation systems infringed two patents affirmed

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 […]

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Sixth Circuit: ratio of punitive to compensatory damages too great in copyright case

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 […]

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Infringement and royalty rate affirmed; dismissal of willful infringement claim reversed

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 […]

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Sixth Circuit affirms copyright infringement award against karaoke disc maker

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 […]

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Sixth Circuit: Damages for copyright infringement available even if copies not actually used

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 […]

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Federal Circuit affirms damage award to Monsanto against farmer who saved seed

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 […]

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