Patent Damages

Western District of Michigan allows accelerated market entry theory to proceed to trial

The Western District of Michigan, in Magna Elec., Inc. v. TRW Auto. Holdings Corp., et al., 1:12-cv-654 (Judge Maloney) (December 31, 2015), denied Defendants’ motion for summary judgment, allowing Plaintiff’s accelerated market entry theory and its claim for future damages to proceed to the jury.

Plaintiff sought damages from Defendants’ sales of certain products from 2013 to 2023.  At least a portion of the damages Plaintiff sought were post-expiration of the patent.  Relying on Kimble v. Marvel Entm’t, LLC, 135 S. Ct. 2401 (2015), Defendants argued that Plaintiff’s claim for post-expiration damages, in the form of lost profits, was barred.