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.

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