· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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