by Steve Driskill | Jul 18, 2013 | [sub] damages, Post-Issuance
The first Panduit factor concerning consumer demand for the patented product in order to establish a right to lost profit damages, rather than merely a reasonable royalty, cannot be satisfied by gross sales data alone when the patented invention is merely a component...
by Steve Driskill | Mar 13, 2013 | [sub] damages, Post-Issuance
Post-infringement-verdict sales point to a high likelihood that enhanced damages will be awarded sua sponte, regardless of whether pre-verdict willfulness has been pled. Background / Facts: The patents at issue involve converters with separate “isolation” and...
by Steve Driskill | Dec 19, 2012 | [sub] damages, Post-Issuance
Not much from a pure prosecution standpoint, but damages issues may arise when otherwise counseling clients. The point here is that lost profit damages, often the preferred measure of damages for the patentee, may be recovered even when the patentee does not actually...
