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. Continue Reading