Skip to main content
· 2/26/1991

Smithkline Diagnostics, Inc. v. Helena Laboratories Corporation, Defendant/cross-Appellant

Citations

  • 926 F.2d 1161
  • 17 U.S.P.Q. 2d (BNA) 1922
  • 1991 U.S. App. LEXIS 2868
  • 1991 WL 22947

How courts have described this case

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

  • noting that “subsidiary decisions underlying a damage[s] theory,” such as “the methodology for arriving at a reasonable roy- alty,” are reviewed for abuse of discretion (citations omit- ted)
  • reasonable royalty must be based upon the entirety of the evidence, including parties’ evidence of their financial conditions and willingness to enter into a license
  • “If purchasers are motivated to purchase because of particular features of a product available only from the patent owner and infringers, products without such features would obviously not be acceptable noninfringing substitutes.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Nies, Miller, George

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.