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IPO Daily News™

Monday, 20 March 2017 12:38 pm

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*** PANDUIT FACTORS FOR DETERMINING LOST PROFIT DAMAGES INCORPORATE VALUE ATTRIBUTED TO PATENTED FEATURE

Mentor Graphics Corp. v. EVE-USA, Inc. 15-1470 — On 16 March in an opinion by Judge MOORE, the Federal Circuit upheld a district court’s infringement finding and $36 million damage award.  Mentor’s patent was directed to a method for debugging source code. Mentor argued that it was entitled to lost profit damages for lost sales of its “Veloce” emulators due to infringing sales of “ZeBu” emulators because it would have made additional Veloce sales but for the infringing ZeBu sales. Synopsys, which acquired EVE, argued that the district court erred in failing to apportion lost profits to cover only Mentor’s inventive contribution. Synopsis said apportionment was “especially vital … in this age of complex, multi-component electronic devices.”

Mentor satisfied all four Panduit factors. The relevant market, suppliers of emulators to Intel, contained only Mentor and Synopsys. Synopsys did not dispute “that for each infringing sale it made to Intel, Mentor lost that exact sale.” There were no non-infringing alternatives and Intel would not have purchased Synopsys’s product without the patented features. The Federal Circuit “conclude[d] that, when the Panduit factors are met, they incorporate into their very analysis the value properly attributed to the patented feature.”
(1 to 4 stars rate impact of opinion on patent & trademark law)

 REGISTER FOR IPO’S EUROPEAN PRACTICE CONFERENCE ON IP STRATEGY

Attend IPO’s European Practice Committee one-day conference on 18 May in Paris, France to learn more about the current status of the Unitary Patent Package and evolving patent strategies for the U.S.  Speakers include JOHN RICHARDS (Ladas & Parry LLP in New York, NY, U.S. and London, UK), PIERRE Véron (Véron & Associés in Paris, France), and DAVID BLACK (Schwegman Lundberg Woessner, P.A. in Minneapolis, MN, U.S.).  To view the full program and to register, visit www.ipo.org/Europe17.

IP IN THE MASS MEDIA

NPR Writes on U.S. Federal Government’s Patent “March-In Rights”

Last Thursday NPR featured an article discussing the U.S. federal government’s authority to use patent “march-in rights” as a mechanism to drive down pharmaceutical drug prices.  U.S. law gives the government a license to use intellectual property that results from publicly funded medical research to ensure that the invention is available to the public on “reasonable terms.”

Gerald Forrest Sues Vic Firth Company for Trademark Infringement

On Thursday Yahoo! Finance reported that drum video producer GERALD FORREST sued Vic Firth Company for trademark infringement, claiming the drumstick maker uses several of his federally registered trademarks in its drum video advertisements and uses his registered marks, confusingly similar marks, as metatags on its web pages and videos hosted on its YouTube channel.