Knobbe/Martens: Intellectual Property Law

Daniel Kiang

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January 10, 2018 Nicole R. Townes and Daniel Kiang

Before Dyk, Linn, and Hughes.  Appeal from the Northern District of California.

Summary: Claims directed to behavior-based virus scanning, as opposed to the traditional code-matching method, constituted a patent-eligible improvement in computer functionality.  Also, for reasonable royalty damages, apportionment beyond the smallest, identifiable technical component of an accused product is required if the technical component contains non-infringing features.

Jury Awards $10.4 Million in Damages to Philips for ZOLL’s Infringement of Defibrillator Patents

August 15, 2017 Daniel Kiang and Marko R. Zoretic

On August 3, 2017, a Boston jury awarded Philips $10.4 million in damages for ZOLL’s infringement of three patents relating to automated external defibrillators.  This represents only a fraction of the $200 in damages that Philips was seeking at trial.  Philips originally sued its competitor, ZOLL, in 2010 for infringement of fifteen of its patents.

Patent Infringement Judgment Against ION Geophysical for its Sales of Seismic Survey Devices Reduced to $26 Million from Original $124 Million Damages Award

August 15, 2017 Daniel Kiang and Marko R. Zoretic

On July 26, 2017, after eight years of litigation and multiple appeals, a Texas federal court ordered ION Geophysical Corporation (“ION”) to pay WesternGeco L.L.C. (“WesternGeco”) approximately $21 million in damages and an additional $5 million in enhanced damages for  willful patent infringement.

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