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Columbia Sportswear North America, Inc. v. Seirus Innovative Accessories

RESPONSE in Opposition re MOTION Prejudgment Interest and an Accounting for Supplemental Profits

17 Cited authorities

  1. General Motors Corp. v. Devex Corp.

    461 U.S. 648 (1983)   Cited 527 times   5 Legal Analyses
    Holding that some circumstances, such as a patentee's undue delay in prosecuting the lawsuit, may justify limiting or withholding prejudgment interest but noting that "prejudgment interest should be awarded under § 284 absent some justification for withholding such an award"

  2. Secu. Exc. Co. v. Plat. Wire. Inte. Co.

    617 F.3d 1072 (9th Cir. 2010)   Cited 330 times   1 Legal Analyses
    Holding that statements of subject intent are irrelevant to the issue of control as a matter of law because "they do not address [the defendant's] power to direct the actions of [the controlled entity] ...."

  3. Whitserve, LLC v. Computer Packages, Inc.

    694 F.3d 10 (Fed. Cir. 2012)   Cited 172 times   1 Legal Analyses
    Finding no reversible error in expert's calculation of average service fee that relied on non-infringing transactions in computing the revenue base

  4. Rodgers v. United States

    332 U.S. 371 (1947)   Cited 214 times
    Holding that when a federal statute is silent as to prejudgment interest, the court should fashion a federal rule which grants or denies prejudgment interest based on the congressional purpose of the particular statute

  5. Ecolab, Inc. v. FMC Corp.

    569 F.3d 1335 (Fed. Cir. 2009)   Cited 103 times   4 Legal Analyses
    Holding claimed method obvious where all but one limitation disclosed in single prior art reference, and the "advantages" of the additional limitation, pressure of "at least 50 psi," "were known"

  6. Sensonics, Inc. v. Aerosonic Corp.

    81 F.3d 1566 (Fed. Cir. 1996)   Cited 130 times   2 Legal Analyses
    Remanding case to district court for consideration of whether parties' conduct was so vexatious that case may be deemed exceptional

  7. Western Pacific Fisheries, Inc. v. SS President Grant

    730 F.2d 1280 (9th Cir. 1984)   Cited 158 times
    Holding it is "well-established that compensatory damages in maritime cases normally include pre-judgment interest"; finding award of prejudgment interest, using rate applicable to postjudgment interest, proper under circumstances presented

  8. Catalina Lighting v. Lamps Plus, Inc.

    295 F.3d 1277 (Fed. Cir. 2002)   Cited 88 times
    Affirming an award of the infringer's profits for design patent infringement plus prejudgment interest

  9. Paper Converting Machine v. Magna-Graphics

    745 F.2d 11 (Fed. Cir. 1984)   Cited 145 times
    Holding that direct infringement occurs when a party "makes an 'operable assembly' of the components of the patented invention"

  10. Bio-Rad Lab. v. Nicolet Instrument Corp.

    807 F.2d 964 (Fed. Cir. 1986)   Cited 118 times
    Holding that a complaint filed one year after the first instance of infringement did not represent undue delay

  11. Section 1961 - Interest

    28 U.S.C. § 1961   Cited 11,509 times   25 Legal Analyses
    Holding that § 6621 applies to internal revenue tax cases

  12. Section 284 - Damages

    35 U.S.C. § 284   Cited 2,083 times   194 Legal Analyses
    Granting "interest and costs as fixed by the court"

  13. Section 289 - Additional remedy for infringement of design patent

    35 U.S.C. § 289   Cited 168 times   73 Legal Analyses
    In 35 U.S.C. § 289 infringement is defined as unauthorized manufacture or sale of "the patented design, or any colorable imitation thereof".