Arctic Cat, Inc. v. Bombardier Recreational Products, Inc.
To recover pre-suit damages for an unmarked patented article, the patentee must provide actual or constructive notice to the infringer.
Results for damages
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WesternGeco, LLC v. ION Geophysical, Corp.
Infringement under § 271(f)(2) allows a patent owner to recover for lost foreign profits.
SCA Hygiene Products AB v. First Quality Baby Products, LLC
Laches does not preclude a claim for damages incurred within the Patent Act’s 6-year limitation period
SCA Hygiene Products v. First Quality Baby Products
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.
Siemens Medical Solutions USA, Inc. v. Saint-Gobain Ceramics & Plastics, Inc.
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.
Patent infringement; claim construction; damages.
Non-method claims requiring only the capability of performing a certain function are directly infringed even though the function is disabled in the accused product.
Innogenetics N.V. v. Abbott Laboratories
Upon a finding of patent infringement, a court may not award the patentee forward-looking damages and enjoin the infringer from future infringing activities.
Paice LLC v. Toyota Motor Corp.
In lieu of an injunction, a district court may impose an “ongoing royalty” that requires future royalty payments from an infringer to a patentee, but allows the infringer to continue its infringing operations.
Shatterproof Glass Corp. v. Libbey-Owens Ford Co.
After a finding of infringement, the district court denied the patentee’s request for an injunction, and instead granted the infringer a compulsory license to permit future infringement.
Glenayre Electronics Inc. v. Jackson
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.