Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Patent Lost Profit Damages and Apportionment
On Sept. 1, 2017, a split Federal Circuit declined to rehear a panel decision in Mentor Graphics Corp. v. EVE-USA, Inc., Nos. 2015-1470, 2015-1554, 2015-1556, a case that could have significant implications for lost profit damages and apportionment.
Mentor Graphics Corp. (Mentor) and a series of Synopsys entities (Synopsys, Inc., Synopsys Emulation and Verification S.A.S., and EVE-USA, Inc. (collectively, Synopsys)) design and sell emulators to Intel that are used to debug hardware description-level code used for semiconductor fabrication. In litigation in the District of Oregon, Mentor asserted several patents relating to its computer emulator technology against Synopsys, and Synopsys asserted two of its emulator patents against Mentor. See, Mentor Graphics Corp., 851 F.3d 1275, 1280-81 (Fed. Cir. 2017). In a trial on Mentor's U.S. Patent No. 6,240,376 (the '376 patent), the jury found infringement and awarded approximately $36 million in lost profits damages. Both parties appealed various summary judgment and post-trial rulings, including the jury's lost profits award. See, id. at 1281-84. Among other things, Synopsys argued that the damages award should be vacated because it was not apportioned. See, id. at 1283.
The Panduit Factors
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?