Fresh From the Bench: Latest Precedential Patent Cases
CASE OF THE WEEK
Crocs, Inc. v. Double Diamond Distribution, Ltd., Appeal No. 2022-2160 (Fed. Cir. Oct. 3, 2024)
In our Case of the Week, the Federal Circuit examined whether a district court erred in dismissing false advertising claims against Crocs Inc. for allegedly misrepresenting the patent status of their popular footwear products. The Court concluded that a claim under the Lanham Act may arise from the allegations presented, and remanded for further proceedings.
ALSO THIS WEEK
Provisur Technologies, Inc. v. Weber, Inc., Appeal No. 2023-1438 (Fed. Cir. Oct. 2, 2024)
In this case, the Federal Circuit vacated a $10.5 million jury verdict against appellant Weber for alleged willful infringement of Provisur’s patents directed to certain industrial food processing equipment. Among other things, the panel held that the jury’s infringement verdict on one patent was not sufficiently supported by evidence that Weber’s accused products could be configured to infringe. While Provisur’s expert had testified that certain settings could be adjusted to result in an infringing configuration, where the evidence showed only that Weber was able to make such modifications and not its customers, the products were not “readily configurable to infringe.” The panel also found that Provisur had submitted insufficient evidence of willful infringement, and that the district court erred by permitting a damages determination based on the “entire market value rule” without evidence that the patented features drove demand for the accused products. The Court accordingly reversed the district court’s denial of judgment as a matter of law of non-infringement as to one patent; reversed the district court’s denial of judgment as a matter of law of no willfulness; reversed the district court’s denial of a new trial on damages; and remanded for further proceedings.
The full opinion can be found here.
Editors:
Nika Aldrich, IP Litigation Group Leader, Schwabe
Jason A. Wrubleski, Shareholder
Contributors: