Tag: damages
-
Constellation Designs v. LG: Federal Circuit Draws Section 101 Line Between Optimization Claims and Specific Signal Constellations
The Federal Circuit’s decision in Constellation Designs, LLC v. LG Electronics Inc., No. 24-1822 (Fed. Cir. Aug. 31, 2026), draws an unusually clear line under 35 U.S.C. § 101 between claiming a technological objective and claiming a particular technological implementation. The court held claims broadly covering signal constellations “optimized” for improved capacity patent ineligible, while…
-
Insulet v. EOFlow: Federal Circuit Reverses $450 Million Trade Secret Verdict on Statute of Limitations Grounds
The Federal Circuit’s decision in Insulet Corp. v. EOFlow, Co. Ltd., Case No. 25-1807 (Fed. Cir. May 28, 2026), arrives just days after the court’s major trade secret decision in Versata v. Ford, continuing what is becoming a significant period of doctrinal development under the Defend Trade Secrets Act (“DTSA”). While Versata focused heavily on…
-
Versata v. Ford: Federal Circuit Revives Unjust Enrichment as a Trade Secret Remedy
The Federal Circuit’s recent decision in Versata Software, LLC v. Ford Motor Co., Case Nos. 24-1140, -1206, -1234 (Fed. Cir. May 22, 2026), may become one of the most important trade secret damages opinions in recent years. In a significant rebuke to the district court’s narrow approach to damages, the court held that a trade…
-
VLSI v. Intel: Federal Circuit Enforces Litigation Stipulations and Narrows Prosecution Disclaimer
The Federal Circuit’s decision in VLSI Technology LLC v. Intel Corporation, Case No. 24-1772 (Fed. Cir. Apr. 14, 2026), is a significant reminder that procedural decisions made early in patent litigation can later become outcome determinative. In a partially precedential opinion authored by Chief Judge Moore, the court reversed multiple summary judgment rulings that had…
-
Exafer v. Microsoft: Federal Circuit Rejects Per Se Rule Against Using Unaccused Products in Patent Royalty Base
The Federal Circuit’s decision in Exafer Ltd. v. Microsoft Corp., No. 24-2296 (Fed. Cir. Mar 6, 2026), addresses a recurring and often misunderstood issue in patent damages law: whether a reasonable royalty analysis may rely on a royalty base tied to products or services that are not themselves accused of infringement. The CAFC rejected a…
-
Rex Medical v. Intuitive Surgical: The Federal Circuit Draws a Hard Line on Apportionment
The Federal Circuit’s decision in Rex Medical, L.P. v. Intuitive Surgical, Inc. presents a familiar but still sobering outcome: a jury finds infringement and validity, awards substantial damages, and yet the patentee ultimately recovers nothing more than nominal damages. The case underscores, once again, that proof of infringement is only half the battle. Without a…
-
Jiaxing Super Lighting v. CH Lighting: EcoFactor’s Shadow Over Damages Testimony Grows
The Federal Circuit’s decision in Jiaxing Super Lighting Electric Appliance Co. v. CH Lighting Technology Co., No. 23-1715 (Fed. Cir. July 28, 2025) serves up a triple helping of reversible error: (1) improper exclusion of key on-sale bar evidence, (2) a reaffirmed jury verdict on validity and infringement of a shock-prevention patent, and (3) a…
-
EcoFactor v. Google: En Banc Federal Circuit Tightens Daubert Review of Patent Damages Experts
In a closely watched en banc decision issued on May 21, 2025, the Federal Circuit reversed the district court’s denial of a new trial on damages in EcoFactor, Inc. v. Google LLC, No. 2023-1101. The court held that the trial court abused its discretion by admitting expert damages testimony that was not based on sufficient…
-
Wash World v. Belanger: Federal Circuit Vacates Convoyed-Sales Damages
The Federal Circuit issued a split ruling in Wash World Inc. v. Belanger Inc., affirming the district court’s judgment of infringement but vacating the lost profits damages award due to improper inclusion of convoyed sales. The case presents key takeaways on claim construction waiver, convoyed sales damages, and preserving post-trial remedies, with important implications for…
-
Court Upholds Limited Damages in Bitmanagement Software GmbH v. United States: Key Takeaways on Copyright Infringement and Licensing
On January 7, 2025, the United States Court of Appeals for the Federal Circuit issued its decision in Bitmanagement Software GmbH v. United States, affirming a damages award of $154,400 for copyright infringement by the U.S. Navy. The case centered around the Navy’s unauthorized copying and use of Bitmanagement’s 3D rendering software, BS Contact Geo,…