NDCA precludes lost profits where damage was to plaintiff’s related entity, not plaintiff itself
On November 18, 2013, Judge Spero of the Northern District of California issued an order in Volterra Semiconductor Corp. v. Primarion, Inc., Civil No. 3:08-cv-05129, addressing the parties’ competing Daubert and summary judgment motions. Of the many issues raised, one was of particular note, a lengthy discussion on the ability of a plaintiff to seek damages for injury to a related entity. The plaintiff, Volterra Semiconductor, claimed damages “as a result of price erosion caused by Defendants’ infringement on certain sales by its subsidiary, Volterra Asia.” Put differently, because Volterra Asia had to drop its prices because of the alleged infringement, Volterra Semiconductor obtained less profits than it otherwise would have but for the infringement.
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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
- Constructive Notice
- Cost savings approach
- Court as gatekeeper
- Covenants Not to Sue
- 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
- License Agreements
- 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
- Marking Requirement
- 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
- Settlements
- 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