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IPO Daily News™

Wednesday, 11 July 2018 8:06 am

Federal Circuit Summaries Logo

* *FEDERAL CIRCUIT VACATES AWARD OF ENHANCED DAMAGES, REMANDS FOR FURTHER EXPLANATION

Polara Eng’g Inc. v. Campbell Co., 17-1974 — Yesterday in an opinion by Judge LOURIE, the Federal Circuit vacated and remanded a district court judgment awarding Polara enhanced damages under Patent Act section 284. The patent was directed to a two-wire control system for push-button crosswalk stations for traffic-light-controlled intersections with visual, audible, and tactile accessible signals. The jury found that Campbell willfully infringed the asserted claims and the district court enhanced the damages two-and-a-half times.

The Federal Circuit found that substantial evidence supported the jury’s finding of willfulness but vacated the court’s award of enhanced. It explained that “the ‘closeness of the case’ remains a relevant consideration for determining the appropriateness of enhancement.” Here, “the district court awarded almost the maximum amount of enhanced damages, but did not adequately explain its basis for doing so, and failed to even mention Campbell’s public use defense, which presented a close question in this case.”
(1 to 4 stars rate impact of opinion on patent & trademark law)

HOUSE COMMITTEE TO EXAMINE HOW SMALL DIGITAL TECHNOLOGY BUSINESSES USE IP

Today at 11:00a.m. ET, the House Small Business Committee will hold a hearing titled “Innovation Nation: How Small Businesses in the Digital Technology Industry Use Intellectual Property.” Witnesses include FRANK CULLEN (The Global Innovation Policy Center, U.S. Chamber of Commerce), MORGAN REED (ACT | The App Association), CHRISTOPHER MOHR (Software & Information Industry Association), and CHRIS ISRAEL (Alliance for U.S. Startups & Inventors for Jobs). The hearing will be held in 2360 Rayburn House Office Building. It will likely be webcast.

O'Malley, Kathleen

HON. KATHLEEN O’MALLEY TO GIVE KEYNOTE ADDRESS AT IPO ANNUAL MEETING

Hon. KATHLEEN O’MALLEY, Circuit Judge, U.S. Court of Appeals for the Federal Circuit, will provide the keynote address on Tuesday, 25 September at the IPO Annual Meeting. The meeting will be held at the Hyatt Regency Hotel in Chicago, Illinois from 23-25 September. For more information and to register, visit www.ipo.org/am2018.

SIGN UP FOR AN IPO COMMITTEE TODAY

If you are not already a member of a committee, sign up today to join one of IPO’s Standing IP Committees for the 2018-2019 term. IPO’s Standing IP Committees are great for networking and are a valuable educational resource. Many IPO committees host informal educational meetings featuring outstanding guest speakers as well as occasional informational meetings with the USPTO and other government agencies. These meetings are a great opportunity to pick up best practices and other valuable information from leaders in the IP community. An individual with an IPO member organization can join one committee as a voting member, and up to three additional committees as a non-voting member. Apply to join a committee online.

IP IN THE MASS MEDIA

Former Apple Engineer Charged with Stealing Company’s Trade Secrets

Yesterday the San Jose Mercury News reported that former Apple Inc. employee XIAOLANG ZHANG was charged in federal court with stealing the company’s trade secrets. Zhang was intercepted on Saturday as he attempted to board a flight to Beijing, China.

Jury Delivers Verdict in Trade Secret Case Involving Defense Contractor’s Former Employees

Yesterday the Washington Times reported that a federal jury in Connecticut found one former employee of defense contractor LBI Inc. guilty of trade secret theft and found another not guilty. The two men were accused of stealing confidential company files before they left to begin work with another defense contractor.