Federal Circuit expands recovery of lost profits; patent owners now may be able to recover damages for profits lost for unprotected articles
Article Abstract:
The US Court of Appeals for the Federal Circuit ruled in Rite-Hite Corp. v. Kelley Co. and in King Instruments, Corp. v, Luciano Perego & Tapematic SrL that patentees could also recover lost-profits damages for non-patented products. In the first case, recovery was possible if the evidence proved there was patent infringement for another product sold to customers who otherwise would have bought the plaintiff's non-patented product. In the second case, the court also reaffirmed the patentee's right to infringement damages even if the patented product was not on the market.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
User Contributions:
Comment about this article or add new information about this topic:
Decision on patenting of algorithms is test for Federal Circuit
Article Abstract:
Arrythmia Research Technology Inc v Corazonix Corp held that a 'useful process' including a mathematical algorithm merited patent protection. The Federal Circuit came to this decision because the claim involved the use of the algorithm in connection with other physical steps. Decisions before Arrythmia did not represent a consensus. Parker v Flook held that mathematical algorithms involved in process claims were to be considered 'a familiar part of the prior art.' Diamond v Diehr held that a novel process involving an algorithm was patentable.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1992
User Contributions:
Comment about this article or add new information about this topic:
'State Street' sets seismic precedent; Federal Circuit rules a program designed solely to make financial calculations is patentable; case will have great impact
Article Abstract:
The United States Court of Appeals for the Federal Circuit's decision in State Street Bank & Trust Co. v. Signature Financial Group, Inc. challenges the opinion that trademark and copyright protection is the road to go for financial services industry software. The 1998 ruling makes software designed solely to make financial calculations patentable. Strategies for companies with significant investments in financial software assets to take after this ruling are listed.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1998
User Contributions:
Comment about this article or add new information about this topic:
- Abstracts: The Federal Circuit's narrowing of the literal scope of patent claims by focussing on embodiments disclosed in the specification
- Abstracts: Antitrust - McCarran-Ferguson immunity - Ninth Circuit finds reinsurers potentially liable for involvement in developing standardized policies
- Abstracts: Ground cover(up): real estate brokers face higher duty to disclose environmental hazards. Seller beware; burden of disclosing defects shifting to sellers
- Abstracts: A proposal that recommends judicial review of the U.S. trustee's appointments to creditors' committees leaves important issues, such as standing, unresolved
- Abstracts: Online content providers search for protections; for now, creators must rely on a melange of technological self-help, contract clauses and law