October 20, 2021

Volume XI, Number 293

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October 19, 2021

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October 18, 2021

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The Federal Circuit Awards New Trial on Damages

In Omega Patents, LLC v. CalAmp Corp, No. 20-1793 (Fed. Cir. Sept. 16, 2021), the Federal Circuit reviewed several appealed issues including an award of damages.

At the district court’s trial, the jury awarded Omega $5.00-per-unit royalty, totaling $4,586,110. CalAmp appealed.

On appeal, the Federal Circuit concluded the district court abused its discretion in denying CalAmp’s request for a new trial on damages. The Court found two reasons warranting a new trial. First, the district court precluded CalAmp’s damages expert from offering rebuttal testimony, which was an abuse of discretion when Omega’s original Daubert motion had not addressed his qualifications as a damages expert. Second, the Court found that the jury’s award of damages was unsubstantiated. Although the patent covered the entire infringing product, as a matter of law Omega was required to apportion between the improved and conventional features of the accused product, which the Court found it failed to do. Supporting its royalty rate Omega offered eighteen licenses. Each of the offered licenses involved multiple patents, but Omega was unable to distinguish the single-patent royalty at issue from the exemplary multi-patent licenses. Therefore, the Federal Circuit determined the district court abused its discretion in denying CalAmp a new damages trial and remanded for further proceedings.

© 2021 Finnegan, Henderson, Farabow, Garrett & Dunner, LLPNational Law Review, Volume XI, Number 264
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About this Author

Associate

Shannon Patrick focuses on patent litigation related to Abbreviated New Drug Applications (ANDA), patent prosecution, proceedings before the Patent Trial and Appeal Board (PTAB), and client counseling. She has technical experience in the chemical and mechanical fields, including technologies such as aluminum alloys and joining solutions, as well as a background in biology.

Shannon’s litigation experience with district court matters includes preparing motions, managing discovery efforts, and working with expert witnesses. She has participated in...

404 653 6558
Kara Specht Patent Litigation Attorney Finnegan, Henderson, Farabow, Garrett & Dunner Law Firm Atlanta GA
Associate

Kara Specht focuses on patent litigation before district courts and before the International Trade Commission (ITC). Her practice covers a wide range of electronic and electrical technology areas related to computers, consumer electronics, and computer-implemented business methods.

Kara has experience in all aspects of patent litigation before district courts, the ITC, and the Federal Circuit. Before district court and the ITC, Kara has experience from both a plaintiff and defendant perspective, ranging from pre-filing planning and strategy,...

404 653 6481
Elizabeth Ferrill Patent Attorney Finnegan Law Firm
Partner

Elizabeth Ferrill is an “undisputed expert on design patents” who is “always updated and enlightening others with her deep knowledge,” “very involved in the design bar,” and “gives her clients an outstanding service” as noted in Intellectual Asset Management Patent 1000. She focuses her practice on all aspects of design patents, including prosecution, counseling, post-grant, and litigation.

Elizabeth counsels clients who hold design patents as well as those accused of infringement. She has experience with design patents related to consumer and industrial products, medical...

202 408 4445
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