Category: Patent Damages
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UPC starts development of case law on damages causation and quantification, applying German as well as alternatively EU/UPC statutes
In an outlier case where the UPC was asked to determine damages based on a German merits ruling, the panel was unconvinced of any damages being attributable to the defendant’s infringement as opposed to other causes.
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After 15 years, Nintendo wins damages award in Mannheim game controller case based on lost profits theory with interest; no deductions for overhead or third-party sales
The amount of close to €7M (including interest) is less interesting than the legal basis on which the court arrived at it.
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Japan’s Nippon Shinyaku vows to fight on in U.S. drug dispute against Sarepta Therapeutics, despite heavy $115 million blow
The Japanese pharma company initiated the drug patent litigation in 2021, but the case eventually boomeranged and a District of Delaware verdict last week ultimately handed Sarepta the win.
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Patent license negotiators get valuable guidance from Federal Circuit in $20M Google thermostat decision on how to prepare for future trials
In EcoFactor v. Google, the Federal Circuit upheld all three decisions challenged by Google (concerning validity, infringement and, which is discussed in most detail, damages).