In a complex 42-page decision, the US Court of Appeals for the
Federal Circuit addressed issues of assignor estoppel, claim
indefiniteness, subject matter eligibility, claim preclusion,
willfulness and lost profits damages (apportionment). Mentor
Graphics Corp. v. EVE USA, Inc., Case Nos. 15-1470; -1554;
-1556 (Moore, J).
Synopsys purchased EVE, a company founded by the inventors of
Mentor's patents on debugging software. EVE had previously
acquired a license to the Mentor patents through a settlement of
litigation between EVE and Mentor. Mentor informed Synopsys that
EVE's license to the patents would terminate upon the purchase.
Upon closing the purchase of EVE, Synopsys filed for a declaratory
judgment for non-infringement and invalidity of Mentor's
patents and infringement of Synopsys's patents by Mentor.
Mentor counterclaimed for infringement of the previously licensed
patent.