Supreme Court: How Should Compensation Be Determined For Continuing Infringement During Prior Litigation?

Company A, the patentee of the patent in question, filed an infringement lawsuit against Company B (including three affiliated entities) in 2007 (the "Prior Action"). In May 2013, the court of first instance found infringement, ordered Company B to cease the infringing acts, and awarded damages. Company B appealed, and the appellate court affirmed the decision in January 2015.

Between July 2013 and July 2015, after the first-instance judgment in the Prior Action was issued, Company A obtained notarized evidence on multiple occasions, showing that Company B and Company C were manufacturing, offering for sale, or selling the accused infringing products. Company A filed another lawsuit (the present case), requesting that all defendants be ordered to cease infringement and pay damages.