The U.S. Court of Appeals for the Federal Circuit (CAFC), in a precedential opinion authored by Judge Dyk, partially reversed a ruling by the U.S. District Court for the Central District of California that had awarded damages to Lubby Holdings LLC for patent infringement by Henry Chung. While the Federal Circuit agreed that Chung directly infringed, it held that the court erred in awarding damages for the sales of infringing products prior to commencement of the case, which represents the date Chung received actual notice of the ’284 patent under the patent marking requirement of 35 U.S.C. § 287. Judge Newman concurred in part and dissented in part.
Litigation
- How Patent Owners Should Be Rethinking Venue Selection and Case Strategy in a World Without Waco
- Amicus Brief Backing Inventor’s Eligibility Petition to SCOTUS Says 101 Exceptions Constitute ‘Judicial Legislation’
- Miami Beware: Patent Clouds Are Quickly Approaching the Sunshine State
- CAFC Affirms Water Heater Infringement Ruling Based on District Court Claim Construction
- CAFC Upholds PTAB’s Finding that Samsung Failed to Prove Magnetic Stripe Emulator Claims Obvious
Recent Posts
- The Copyright Claims Board: A Venue for Pursuing Actual or Statutory Damages Impacting Both Registered and Unregistered Works
- IP Goes Pop! – Intellectual Property and a ‘Wacky’ Professor – Brands and Inventions in the Springfield Universe, Part II
- How Patent Owners Should Be Rethinking Venue Selection and Case Strategy in a World Without Waco
- Amicus Brief Backing Inventor’s Eligibility Petition to SCOTUS Says 101 Exceptions Constitute ‘Judicial Legislation’
- Other Barks & Bites for Friday, August 12: Canada to Add Resale Royalties to Copyright Law, Fifth Circuit Affirms Exclusion of Evidence in ‘Call of Duty’ Copyright Suit, and Ninth Circuit Rejects Trademark Appeal in Yoga Pants Case