ARTICLE · 07 OCTOBER 2015

A Primer On Patent Damages

McDermott Will & Emery

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Addressing a panoply of damages issues, the U.S. Court of Appeals for the Federal Circuit affirmed a reasonable royalty, rejected the defendant's laches defense and provided significant guidance on the application of the extraterritoriality bar to patent damages.

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Melissa Nott Davis

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Carnegie Mellon University v. Marvell Technology Group, Ltd., et al.

Addressing a panoply of damages issues, the U.S. Court of Appeals for the Federal Circuit affirmed a reasonable royalty, rejected the defendant's laches defense and provided significant guidance on the application of the extraterritoriality bar to patent damages. Carnegie Mellon University v. Marvell Technology Group, Ltd., et al. Case No. 14-1492 (Fed. Cir., Aug. 4, 2015) (Taranto, J.).

Carnegie Mellon University (CMU) sued Marvell for infringing two patents related to hard-disk drives. A jury found for CMU on infringement and validity, awarding damages of approximately $1.17 billion in reasonable royalties based on a 50 cent per product royalty rate. The district court applied that 50 cent per product rate to all sales as of the date of judgment and awarded a 23 percent enhancement of the past damages for Marvell's willful infringement. Marvell appealed.

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