November 17, 2017
Authored and Edited by Ashley M. Winkler; Susan Y. Tull
In Promega Corp. v. Life Technologies Corp., 875 F.3d 651 (Fed. Cir. 2017), the CAFC reexamined two of its prior holdings related to damages, following the Supreme Court’s reversal and remand. In light of the Supreme Court’s guidance, the CAFC reversed its earlier opinion and affirmed the district court’s JMOL decision, which resulted in a zero damages award for the patent owner despite a finding of infringement. This case involved patents covering methods and kits for testing DNA samples. The accused infringer manufactured one component of the kit in the United States but shipped it to another facility abroad to supply other components and assemble the kit. Further discussion of the decision can be found on Finnegan’s Federal Circuit IP Blog.
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