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