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IPO Daily News™

Tuesday, 20 November 2018

20 November 2018

* * FEDERAL CIRCUIT VACATES DAMAGES AWARD THAT INCLUDED NON-INFRINGING SALES

Enplas Display Device Corp. v. Seoul Semiconductor Co., 16-2599 — Yesterday in an opinion by Judge STOLL, a split Federal Circuit vacated a district court’s denial of Enplas’s motion for JMOL. The patent claimed methods of backlighting LED displays. Enplas argued that the jury’s $4 million royalty damages award was excessive and not supported by substantial evidence because SSC’s expert included non-infringing sales in her assessment.

The Federal Circuit agreed. SSC’s expert testified that Enplas would have paid between $2 million and $4 million for a lump-sum, freedom-to-operate license based on an estimate of Enplas’s total sales that included “potentially infringing products beyond the ones in this case.” Because “damages calculated by applying a royalty to sales of non-accused lenses cannot support a jury’s verdict on damages,” the Court found her testimony was “insufficient to support the jury’s damages assessment.” Judge NEWMAN dissented in part, arguing that finding that the jury verdict was flawed, based on testimony that Enplas did not challenge or rebut with contrary evidence at trial, contravened “standard litigation procedure.”
(1 to 4 stars rate impact of opinion on patent & trademark law)

COMPLETE IPO’S WOMEN IN IP SPEAKER LIST SURVEY

Help us identify talent and increase the diversity of speakers during the IPO Spring Summit or Annual Meeting by filling out the IPO Women in IP Committee speaker list survey. Include your areas of expertise and speaking experience and we will add your information to our speaker list database. The deadline to respond to the survey is Tuesday, November 27, 2018.

JOIN US FOR THE IPO EDUCATION FOUNDATION AWARDS DINNER
It’s not too late to purchase a table or tickets to the IPO Education Foundation Awards Dinner. We will be honoring the Inventor of the Year DAVID HALL, IP Champion JOE KIANI, and the IP Video Contest winners. The Awards Dinner is attended annually by more than 500 individuals from the IP community. This is an event you don’t want to miss! For questions about tickets or sponsorships, email foundation@ipo.org or visit IPOEF.org/fad18.

IP IN THE MASS MEDIA

BBC Discusses Sales of Counterfeit Products

Today BBC News published an article discussing the sale of counterfeit goods, including by fake retailers such as Renhuai, China’s “Plada” and “Loius Vuitton” stores.

The Guardian Publishes Interview Discussing Nigeria’s IP System, Importance of IP to Innovation

Today The Guardian published an interview with Nigerian IP Law Professor ADEBAMBO ADEWOPO, who discusses the need to reform Nigeria’s intellectual property system to keep up with “emergent commercial and technological developments.” Adewopo also discusses the importance of intellectual property rights to innovation, saying “the world’s richest resource is innovation and IP is indeed the invisible infrastructure of innovation.”

MANAGE YOUR MEMBERSHIP BENEFITS

Are you using your IPO benefits to their fullest potential? Are you new to IPO? Would you like to get your staff more involved? Join us for a 30-minute IPO membership orientation call. Calls for corporate and small business members are held on the 3rd Tuesday of each month at 2:00p.m. ET. Calls for law firm members are held on the 4th Tuesday of each month at 2:00p.m. ET. Contact Lorna Soderberg for further information or to sign up to participate.


Law & Advocacy

Friday, February 21, 2014

2014 USPTO BUDGET WILL ALLOW HIRING, SATELLITE OFFICES

During the quarterly meeting of the USPTO’s Patent Public Advisory Committee (PPAC), Chief Financial Officer TONY SCARDINO reported that the 2014 appropriations bill signed in January funds the USPTO at $3.024 billion – $90.8 million above the fiscal 2013 enacted level and $238.3 million above the fiscal 2013 sequestration level. The budget will allow the USPTO to hire 1,000 patent examiners and 63 administrative patent judges and provides funding related to opening satellite offices in San Jose, Denver, and Dallas. Projected 2014 spending is estimated at $2.948 billion. The White House will release its fiscal 2015 budget on March 4.


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