Damages from Misuse of Kardashian’s Assets

February 2019 Kim Kardashian, the most recognizable name in reality television, has filed a $10 million lawsuit in California federal court asserting that fast fashion brand Missguided has made her into an “unwitting and unwilling spokesperson” for its celebrity knockoff clothing products. The filing describes "Missguided does not merely replicate the looks of these celebrities as [...]

Federal Circuit Allows Flexibility in Determining Royalty Rate

April 2018 The US Court of Appeals for the Federal Circuit's recent decision in Exmark Manufacturing Company  v. Briggs & Stratton Power Products Group, LLC (January 12, 2018) validates that there is no clear-cut method to value a patented invention’s contribution to a larger, multicomponent product (aka apportionment).  Specifically, the Federal Circuit stated that “…apportionment [...]

Patent Features Double Count Leads To Daubert Exclusion

September 2016 A recent successful Daubert motion highlights the importance of taking a step back from a damages calculation to assess the critical question of “Does this damages presentation really make sense?”  Finjan, Inc. (‘Finjan”) vs. Sophos, Inc. (“Sophos”) is a patent infringement action involving 14 different claims related to six different patents for computer [...]

Newly Accelerated Damages Discovery Requires Immediate Expert Assistance

March 2014 The Eastern District of Texas is well known for its intense patent activity and already provides early disclosure of infringement and invalidity contentions to facilitate faster resolution of these cases.  The Court has now taken similar action by providing an option for accelerated damage discovery, including requiring a two week turnaround between defendant’s [...]

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