§Why CasetextPricing

EcoServices, LLC v. Certified Aviation Services, LLC

Notice of Motion and Motion

33 Cited authorities

  1. General Motors Corp. v. Devex Corp.

    461 U.S. 648 (1983)   Cited 525 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. Crystal Semicond. v. Tritech Microelec

    246 F.3d 1336 (Fed. Cir. 2001)   Cited 296 times   2 Legal Analyses
    Holding "patentee may obtain lost profit damages for that portion of the infringer's sales for which the patentee can demonstrate 'but for' causation and reasonable royalties for any remaining infringing [sales]"; further holding patentee may also recover for "[r]eduction of [its] prices, and consequent loss of profits, enforced by infringing competition"

  3. Bard Peripheral Vascular, Inc. v. W.L. Gore & Assocs., Inc.

    682 F.3d 1003 (Fed. Cir. 2012)   Cited 168 times   15 Legal Analyses
    Holding that the objective prong under Seagate was ultimately a question of law for the court, but leaving the subjective prong as a question of fact for the jury

  4. Presidio Components, Inc. v. Am. Technical Ceramics Corp.

    702 F.3d 1351 (Fed. Cir. 2012)   Cited 138 times   1 Legal Analyses
    Holding that "[d]irect competition in the same market is certainly one factor suggesting strongly the potential for irreparable harm"

  5. Air Separation v. Lloyd's of London

    45 F.3d 288 (9th Cir. 1994)   Cited 165 times
    Holding that post judgment interest is mandatory, and noting that the “[f]ailure to award post[-]judgment interest would create an incentive for defendants to exploit the time value of money by frivolously appealing or otherwise delaying payment.”

  6. Stickle v. Heublein, Inc.

    716 F.2d 1550 (Fed. Cir. 1983)   Cited 157 times
    Holding that “an award of attorney fees for the breach of warranty claim is not authorized under § 285”

  7. 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"

  8. Sun Ship, Inc. v. Matson Navigation Co.

    785 F.2d 59 (3d Cir. 1986)   Cited 136 times
    Holding that confirmed domestic arbitral award bears interest from date of award, not from date of judgment confirming award

  9. 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

  10. Ven-Tel, Inc. v. Hayes Microcomputer Products, Inc.

    982 F.2d 1527 (Fed. Cir. 1992)   Cited 87 times
    Holding that jury is free to consider alleged infringer's behavior as party to the litigation as part of the totality of the circumstances when determining willful infringement

  11. Section 1961 - Interest

    28 U.S.C. § 1961   Cited 11,390 times   25 Legal Analyses
    Holding that § 6621 applies to internal revenue tax cases

  12. Section 284 - Damages

    35 U.S.C. § 284   Cited 2,074 times   194 Legal Analyses
    Granting "interest and costs as fixed by the court"