20May/13Off
NDCA issues order on early damages disclosure
On March 8, 2013, the NDCA issued an opinion in Eon Corp. IP Holding LLC v. Sensus USA Inc., No. C-12-01011 EMC (EDL) (Doc. No. 657), concerning defendants’ request that plaintiff provide early disclosure of its damages contentions. One of the court’s first comments is telling: “Because the question of early damages disclosure in patent cases is a recurring and important one, the Court issues this order to explain its reasoning and guidance to the parties.” Slip op at 1.
Filed under: and evidence
Continue reading
Recent Posts
- D. Neb. denies JMOL, finds delay in filing suit irrelevant to damages
- EDTX denies motion to exclude expert’s patent valuation opinion
- DMN denies JMOL to apportion various features; upholds lost profits; grants injunction; awards PJI at prime rate
- D. Del. grants a new (third) trial on damages and denies enhanced damages (before a finding of willfulness)
- E.D. Tex. Denies Motion to Exclude Damages Testimony of Non-Infringing Alternatives in Expert’s Reasonable Royalty Calculation
Categories
- 25% Rule
- 271(a)
- 271(f)
- 287(a)
- Accelerated Market Entry Theory
- Admissibility of license agreements
- Analytical Method
- and evidence
- Apportionment
- Apportionment – Degree of Use
- apportionment – claim scope
- apportionment – conventional features
- Apportionment – rate apportioning
- apportionment – real estate approach
- Apportionment – Use of Defendant’s Documents
- Asset or patent sale and reasonable royalties
- Assignment
- Bifurcation of damages
- Book of Wisdom
- Breach of Contract
- Comparable Agreements
- Comparable Licenses
- Cost savings approach
- Court as gatekeeper
- Damages articles
- Daubert
- delay filing suit
- Discoverability of agreements and other damages-related documents
- Discoverability of license negotiation documents
- Do-overs for expert reports
- Enhanced Damages
- Entire market value rule
- Exclusion Order
- Expert witnesses and admissibility of testimony supporting damages
- Extraterritoriality
- Federal Circuit decisions
- Foreign Sales
- Foreign tax laws & damages
- FRAND
- Future Damages
- Hypothetical License
- Hypothetical Negotiation
- Inexorable flow doctrine of lost profits
- injunction
- ITC
- Joint infringement
- Judgment as a Matter of Law
- Jury verdict form
- Laches
- Large damages verdicts
- Legislative patent damages reform
- Lost Profits
- Lost profits – market share
- Lost profits – two-supplier market
- Lost profits requires patentee product
- Lump sum awards and issues
- Market approach
- Market Share
- Marking
- Misuse
- Motion for Reconsideration
- Nash Bargaining Solution
- Net profits computations
- New trial
- Non-infringing alternatives
- Notice
- NPE-specific issues
- Ongoing royalties
- Panduit
- Patent damages books and articles
- Patent damages speeches and seminars
- Patent marking
- patent valuation
- Permanent injunction
- Piggy-backing experts
- Post verdict royalties
- Post-Hypo Date Evidence
- Prejudgment interest
- Price Erosion
- Profitability of accused products and royalties
- RAND
- Real Estate Apportionment
- Reasonable royalties: capped
- Reasonable Royalty
- Reasonable royalty – license agreements
- Reasonable royalty – litigation risk multiplier
- Related Entities
- Royalty rate exceeds defendant's profit margin
- Royalty Rate Exceeds Rate to Which Parties Stipulated
- Rule 702
- Sanctions
- Settlement agreements
- Smallest Salable Patent Practicing Unit
- Spoliation
- Standards
- Standing
- Statutory Presumption of Damages
- Stay of damages awards pending appeal
- Subsidary
- Summary Judgment
- Summary judgment for failure of proof
- Supplemental Damages
- Surface Area Apportionment
- Surveys
- U.S. Government Sales and 28 USC 1498
- Uncategorized
- valuation