Steady As She Goes – Court Adopts Jury’s Royalty Rate for Ongoing Royalties

Following a jury verdict awarding damages for past infringement, the court and the parties have to work out what the appropriate form of relief for any future infringement will be, taking into account the availability of an injunction and the appropriate rate for any royalties applied to ongoing activity.  In a recent opinion an EDTX judge addressed the situation where no injunction was sought, no enhanced damages issue was presented, and the sole issue was what royalty rate should be applied to future activity.

Baylor Law Alumni Weekend

I am headed to Waco for Baylor Law Weekend to celebrate 25 years since I survived Louis Muldrow and Jerry Powell in Practice Court (actually that was last year, but I graduated in ’92).   There is a Big O with my name on it at George’s tonight (if you have to ask, never mind), and I need to start early because we are playing OU tomorrow.  

Oh yeah, and I get to see the offspring, who takes his first engineering exam today …

Walking Back Cordis: Federal Circuit Grants Petition for Writ of Mandamus in Raytheon v. Cray

This morning the Federal Circuit granted the petition for mandamus in the Cray v. Raytheon case.  First of all, congratulations to my cocounsel at Fenwick & West for obtaining that great result for our client Cray.

I have a brief analysis of the opinion and a copy for readers below, with some analysis on the decision’s “physical” analysis that may be of interest.

Expert’s Opinions v. Court’s Claims Construction

A recurring issue in patent cases is when a technical expert’s opinion is consistent with the Court’s claims construction, and simply opines whether infringement exists under the construction, and when it is not.  A recent case provided three useful examples where an expert did – but in some cases did not – proffer opinions that were consistent with the claim constructions the jury would have to consider, or was otherwise permissible.

More EDTX Data Points on Enhanced Damages, Exceptional Case Fee Awards and Ongoing Royalties

Several recent opinions out of the EDTX provide litigants with more data points on enhanced damages – when are they appropriate and when are they appropriately set aside – on how future royalties are calculated, and and on when Section 285 awards of attorneys fees in “exceptional cases” are appropriate.  They also provide a helpful analysis of which non-taxable fees and expenses are not recoverable under Section 285.