Home -> Law Blog Directory -> Patent Law Blogs -> Philip Brooks’ Patent Infringement Updates
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Patent Law
: Philip Brooks’ Patent Infringement UpdatesFederal Circuit Again Reins in Damages Award
By Philip Brooks
The following is excerpted from a February 11, 2010 Morgan Lewis Intellectual Property Lawflash:
Last fall, in its decision in Lucent v. Gateway, the Federal Circuit vacated a $357 million verdict, signaling to litigants and district court judges that ?speculation? and ?superficial testimony? were insufficient to support the amount of damages awarded. Last week, in its February 5 opinion in ResQNet.com, Inc. v. Lansa, Inc., the appellate court delivered a similar message, albeit on a smaller scale?this time vacating a damages award of $506,305. In doing so, the court provided detailed guidance on the important issue of which prior licenses can be used to set the royalty rate in a patent case.
The court reasoned that the royalty analysis ?must consider licenses that are commensurate with what the defendant has appropriated. If not, a prevailing plaintiff would be free to inflate the reasonable royalty analysis with conveniently selected licenses without an economic or other link to the technology in question.?
Access the complete Lawflash and a link to the opinion here.
Full post as published by Philip Brooks’ Patent Infringement Updates on February 12, 2010 (boomark / email).
Bextra Injury Risks
Bextra Increases Risk of Fatal Heart Attack
Privacy Protection Act 42 USC 21A
Federal Newsroom Law
Federal Adoption Tax Credit
Financial Incentive for Adoptive Parents
Transportation Equity Act for the 21st Century
TEA-21 - Plus Law 105-178
Specialty Lamp International
Recalls Counterfeit Circuit Breakers
Medical Malpractice Suits Brings $37M Award
Medical Malpractice Suits Brings $37M Award
Asbestos Mesothelioma Lawsuit Brings $4.5 Million Award
Asbestos Mesothelioma Lawsuit Brings $4.5 Million Award
Environment Law
alleging damages from violation of the law.
Skilled Health Care Faces $670 Million in Damages over Nursing Home Violations
Skilled Health Care Faces $670 Million in Damages over Nursing Home Violations
Failure-to-accommodate claim yields $1.82M award
$1.82 Million Awarded in Employment Lawsuit

CAFC: Jury's $360 M Damages Award Against Microsoft, In Favor of Lucent, Not Supported by Evidence
Remittitur without new trial requires legal error, not error as a matter of law
Federal Court Affirms $1 Billion Breach of Contract Award in Oil and Gas Lease Cases
9th Circuit Imposes 3 to 1 Ratio on Punitive Damages Award
"4th Circuit Vacates $10 million Punitive Damages Award in Discrimination Suit"








