To recover pre-suit damages for an unmarked patented article, the patentee must provide actual or constructive notice to the infringer.
Results for damages
Laches does not preclude a claim for damages incurred within the Patent Act’s 6-year limitation period
Traditionally, laches may bar equitable remedies like an injunction or royalties. Based on the common law related to patents, a laches defense may also bar legal remedies, thereby providing legal relief for damages in a patent infringement suit.
Separate patentability of allegedly infringing equivalent of an invention of a patent in suit does not require patentee to prove infringement under doctrine of equivalents by clear and convincing evidence, but rather by a preponderance of evidence.
After accepting remitted damages award for manufacturer’s direct infringement, the patentee was not entitled to sue the manufacturer for indirect infringement based on direct infringement by the manufacturer’s customers, as the damage award fully compensated the patentee for direct infringement by the manufacturer, direct infringement by the manufacturer’s customers, and indirect infringement by the manufacturer.