Posts Tagged ‘damages’

CAFC Reverses Damages Based On Reasonable Royalty Rates Extrapolated From Licensing Agreements Not Tied To Claimed Invention

In ResQNet.Com, Inc. v. Lansa, Inc., the Court of Appeals for the Federal Circuit ("CAFC") affirmed the United States District Court for the Southern District of New York's ("District Court") ruling that Lansa had infringed ResQNet.Com's ("ResQNet") patents; vacated and remanded the District Court's damages award; and reversed the District Court's Rule 11 sanction against ResQNet. (more...)

CAFC Remands Infringment Damages Judgement Where 8% Running Royalty Calculation Against Successful Computer Program Unsupported by Sufficient Evidence

In Lucent Technologies, Inc. v. Gateway, Inc., the United States Court of Appeals for the Federal Circuit (CAFC) partially vacated and remanded a District Court's judgment after finding there was insufficent evidence to support damages under 35 U.S.C. § 284 amounting to 8% of the infringing softwear's huge market value.

Lucent brought suit against Gateway, Inc. and Dell, Inc., Microsoft Corp. intervened and appealed the damages awarded against it. Lucent sued for infringement of U.S. Patent No. 4,763,356 ('365 patent) disclosing a method for entering data into a personal computer using a graphical user interface without typing on a keyboard. (more...)