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· 8/4/1999

Grain Processing Corporation v. American Maize-Products Company

Citations

  • 185 F.3d 1341
  • 51 U.S.P.Q. 2d (BNA) 1556
  • 1999 U.S. App. LEXIS 18203
  • 1999 WL 587926

How courts have described this case

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

  • holding that a noninfringing substitute was both “available” and “acceptable” during the accounting period, thus failing Panduit’s second factor
  • holding that customers would have found a particular claim limitation “irrelevant,” so the patentee could not rely on that limitation for the second Panduit factor
  • holding that an alleged substitute need not be on the market during the infringement period in order to constitute an acceptable substitute
  • finding American Maize’s production cost difference between infringing and noninfringing product “effectively capped the reasonable royalty award”
  • finding American Maize's production cost difference between infringing and noninfringing product \effectively capped the reasonable royalty award\
  • finding that the difference between the production costs of the infringing and noninfringing products would “effectively cap[] the reasonable royalty award” because under the facts, the defendant would not have paid more than that in a hypothetical negotiation

Source: CourtListener parenthetical corpus (CC0).

Judges: Rader, Friedman, Bryson

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.