United States Federal Circuit

In this patent infringement case, plaintiff won summary judgment on their claim of infringement and that no claim was invalid. A bench trial determined that plaintiff was entitled to $10,800 in royalties, but that defendant had not been willful in its infringement. The district court's royalty award, non-willfulness finding, and denial of enhanced damages and attorney's fees is vacated and the case remanded for further proceedings, where: 1) the district court erred in treating the profits defendant earned during the period of infringement as a royalty cap; 2) the district court erroneously concluded that the royalty should be a percentage of net profits rather sales revenues; 3) the district court did not lay out its willfulness analysis in In re Seagate Tech.'s two-part terms; and 4) on remand, if it is found that defendant willfully infringed plaintiff's patent, the court must reconsider its decision to deny enhanced damages and attorney's fees.

Appellate Information

• Decided 12/22/2014
• Published 12/22/2014

Judges

• Taranto

Court

• United States Federal Circuit

Counsel