United States Federal Circuit

An patent infringement damages award for lost profits based on defendant's profits from sales of the device lacks the necessary nexus with the tort injuries, and a comparison with royalty payments to other inventors are too remote and inconclusive for measure of plaintiff's damages.

Appellate Information

• Decided 01/17/2001
• Published 01/17/2001

Judges

• ARCHER, Senior Circuit Judge., Before NEWMAN, Circuit Judge, ARCHER, Senior Circuit Judge, and LOURIE, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• James F. Davis, Howrey Simon Arnold & White, LLP, of Washington, DC, argued for plaintiff-appellant.   With him on the brief were Jeffrey I. Auerbach, Of counsel on the brief were Robert S. Hackleman, Connis O. Brown, III, and George S. LeMieux, Gunster, Yoakley Valdes Fauli & Stewart, P.A., of Fort Lauderdale, Florida.


• For Appellees:
  
• Donald R. Dunner, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., of Washington, DC, argued for defendant-appellee.   With him on the brief were Don O. Burley, and Robert L. Burns.   Of counsel on the brief was L. Martin Reeder, Jr., Greenberg Traurig, P.A., of West Palm Beach, Florida.   Of counsel was Edwin G. Torres, Steel Hector & Davis LLP, of Miami, Florida.