Denial of Attorneys’ Fees Is Reversed for Abuse of Discretion

ADJUSTACAM, LLC v. NEWEGG, INC.: July 5, 2017. Before Reyna, Mayer, Hughes. Takeaway: Denial of attorneys’ fees under § 285 is reviewed under an abuse of discretion standard. While district courts are owed deference in deciding fees motions, that deference is not absolute, and the CAFC will not defer to …

The Board’s Decision Finding Waterproof Leather Claims Unpatentable as Obvious Affirmed by the CAFC, a Person of Ordinary Skill Need Not Have the Same Motivation as the Patent’s Inventor

OUTDRY TECHNOLOGIES CORPORATION, v. GEOX S.P.A.: No. 2016-1769; June 16, 2017.  Before Dyk, Moore, and Rena. Takeaway: The motivation to combine inquiry is not limited to the problem faced by the inventor of a patent. Procedural Posture: Outdry appealed from the Board’s decision in an IPR finding that claims 1-15 of its …

CAFC Upholds Reasonable Royalty, and Upholds Injunction Against a Party Not Adjudged Liable

ASETEK DANMARK A/S v. CMI USA INC: Apr. 3, 2017. Before Prost, Newman, and Taranto Takeaways: In calculating a reasonable royalty, the district court may rely on the patentee’s per-unit profits. Dismissing claims with prejudice against a defendant does not preclude a district court from subjecting the defendant to an …

In Multi-Issue Appeal, Mentor Prevails Over Synopsys and Wins on a Majority of the Issues Presented

Mentor Graphics Corp. v. Eve-USA, Inc., Mar. 16, 2017. Before Lourie, Moore, and Chen.   Takeaways Assignor estoppel still applies. Panduit factors incorporate into their very analysis the value properly attributed to the patented feature. Preliminary injunction not required in order to seek enhanced damages. Originally-filed claims can often demonstrate …

Claim Construction of Design Patent Improperly Excluded Ornamentation and Appearance of Functional Aspects

Authored by Georg C. Reitboeck, Peter A. Sheppard, and Alex Lei Digest of Sport Dimension, Inc. v. The Coleman Company, Inc., No. 2015-1553 (Fed. Cir. April 19, 2016) (precedential). On appeal from C.D. Cal. Before Moore, Hughes, and Stoll. Procedural Posture: Plaintiff-appellant appealed from a stipulated judgment of noninfringement challenging …