ARTICLE
3 March 2015

Federal Circuit Patent Updates - March 2015

W
WilmerHale

Contributor

WilmerHale provides legal representation across a comprehensive range of practice areas critical to the success of its clients. With a staunch commitment to public service, the firm is a leader in pro bono representation. WilmerHale is 1,000 lawyers strong with 12 offices in the United States, Europe and Asia.
Warsaw Orthopedic, Inc. v. Nuvasive, Inc. (No. 2013-1576, 2013-1577, 3/2/15) (Lourie, Dyk, Reyna)
United States Intellectual Property

View previous updates...

Warsaw Orthopedic, Inc. v. Nuvasive, Inc. (No. 2013-1576, 2013-1577, 3/2/15) (Lourie, Dyk, Reyna)

March 2, 2015 12:15 PM

Dyk, J. Affirming finding of validity and infringement but remanding on damages. The plaintiff Warsaw licensed the patent to a related, but non-named manufacturing entity which sold the product to plaintiff MSD and paid royalties to Warsaw. Warsaw sought damages on convoyed sales which it sold MSD, a royalty received from the manufacturing entity and inter-company transfer payments between MSD and Warsaw. The Court held 1) the convoyed sales were not properly part of the damages award because they failed the functional relationship test in the absence of evidence that they had no function independent of the patented product, 2) the royalty payments from the manufacturing entity could not be recovered as a species of lost profits because Warsaw did not practice the patent and 3) the inter-company transfer payments were not recoverable because they were not clearly tied to transactions involving the patented products.

A full version of the text is available in PDF form.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More