East Texas Court grants New Trial on damages in view of recent Federal Circuit opinions

Authors

Name

Chris Marchese

Person title

Principal

A District Court in East Texas granted a New Trial on damages in view of Lucent, ResQNet, and Uniloc, finding that it erred when it admitted testimony based upon a flawed damages model. <<Order Granting New Trial>>

The opinions expressed are those of the authors on the date noted above and do not necessarily reflect the views of Fish & Richardson P.C., any other of its lawyers, its clients, or any of its or their respective affiliates. This post is for general information purposes only and is not intended to be and should not be taken as legal advice. No attorney-client relationship is formed.

East Texas Court grants New Trial on damages in view of recent Federal Circuit opinions

Authors

DDE Excludes Damages Testimony Based on "Built-In Apportionment," Prior Jury Verdicts, and Settlement Agreements

Marking and Pre-Suit Damages: What Happens when a Failure to Mark Is Followed by a Period of Compliance with the Marking Statute?

Fish Principals Author The Licensing Journal Article "Patent Licensing"

Does Section 287(a) Apply to Agreements That Do Not Contain a Patent License?

Federal Circuit Opinion Astrazeneca v. Apotex Cites Patent Damages Treatise

EDTX denies exclusion of settlement license and "real estate" apportionment

DDE denies request to strike lost profits opinion re non-patented items; addresses test data admissibility

Daily Journal article "How to build Daubert-proof patent damages cases"

Federal Circuit Opinion Asetek Danmark a/s v. CMI USA Inc. Cites Patent Damages Treatise

EDTX denies exclusion of settlement license and "real estate" apportionment

Legal Alert: USPTO Says AI-Assisted Inventions Not Categorically Unpatentable in New Guidance

AI Patent Eligibility: Observations and Lessons for the U.S. and China

Legal Alert: USPTO Launches Semiconductor Technology Pilot Program

Legal Alert: FTC Challenges More Than 100 Patents as Improperly Listed in Orange Book

Legal Alert: EPO Enlarged Board of Appeal Raises Bar for Challenging Priority Claims at the EPO

New Admission Criteria to Practice Before USPTO Designed to Foster Diversity and Promote Innovation

Legal Alert: Minimizing Patent TRO and PI Risk in Europe

Principals Anita Meiklejohn and Caleb Bates Co-Author Article for One Nucleus Annual Review 2023

Legal Alert: The USPTO’s Transition to Electronic Patent Issuance and Reduction in Period Between Issue Notification and Issue Date

Senior Principal Terry Mahn Authors Medical Device + Diagnostic Industry Article "This Company's False Compliance With CISPR 11 Resulted in a $12 Million FCA...