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· 9/7/1989

Datascope Corp. v. Smec, Inc., Defendant/cross-Appellant

Citations

  • 879 F.2d 820

How courts have described this case

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

  • rejecting evidence at trial as to an available alternative design because that design was not on the market
  • filing of “‘cross-appeal’ for the ‘sole purpose of preserving [the] right to offer arguments in support of the judgment’ is improper.”
  • finding an annual compounding of interest appropriate where the district court reasonably credited evidence that the infringer could not report royalties more often than annually
  • affirming an 7 award of prejudgment interest at the prime rate compounded annually
  • the appellate court was “unconvinced” that a rate above the T-Bill rate was necessary to adequately compensate the patentee holder
  • a finding of no willful infringement was reversed where “the district court seriously underestimated ... the court’s own finding about the market pressure and urgency faced by SMEC.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Markey, Friedman, Archer

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.