Saturday 17 January 2015
U.S. Court of Appeals for the Federal Circuit Affirms Two Large Patent Damages Awards: $70 million and $371 million
The U.S. Court of Appeals for the Federal Circuit affirmed two large patent damages awards recently. The first case is Stryker Corp. v. Zimmer (December 19, 2014), a decision authored by Chief Judge Prost, which affirmed a jury verdict of $70 million in lost profits. The decision did reverse an award of treble damages for willful infringement. The second case is another Chief Judge Prost opinion, Bard Peripheral Vascular v. W.L. Gore and Associates (January 13, 2015), which affirms a finding of doubled damages for willful infringement from $185,589,871.02 (jury verdict) to $371,179,742.04. That is quite a win for former federal appellate court judge and Stanford Law School professor Michael W. McConnell, also of counsel for Kirkland and Ellis.