Tag: waiver
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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…
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WARF v. Apple: A Cautionary Tale of Waiver and Preclusion
In its August 28, 2024 opinion in Wisconsin Alumni Research Foundation v. Apple Inc., the Federal Circuit issued a decisive ruling affirming two final judgments in favor of Apple, closing the door on WARF’s decade-long effort to assert U.S. Patent No. 5,781,752 across successive generations of Apple processors. The decision underscores the high stakes of…