Bic Leisure Products, Inc., and Windglider Fred Ostermann, Gmbh v. Windsurfing International, Inc., Defendant/cross-Appellant, and James R. Drake

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that a patentee may rely on proof of market share in lieu of proof of noninfringing substitutes in a lost profits analysis
• stating that a patentee may rely on proof of market share in lieu of proof of noninfringing substitutes in a lost profits analysis
• noting the narrow statutory language applicable to absolute intervening rights as compared to the broader language applicable to equitable intervening rights
• finding plaintiff’s failure to exhaust was excused because 2 he “was precluded from exhausting, not through his own fault but by the [prison official’s] 3 mistake.”
• analyzing whether the alleged al ternatives would be acceptable to the in-fringer’s consumers
• allowing intervening rights defense at damages phase of trial because plaintiff had ample notice of the defense through prior deposition testimony, negating any prejudice, and the defense was an important part of the merits of the action

Source: CourtListener parenthetical corpus (CC0).