· 11/9/1989
State Industries, Inc., Plaintiff/cross-Appellant v. Mor-Flo Industries, Inc. And American Appliance Mfg. Corp.
Citations
- 883 F.2d 1573
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- observing that “the absence of acceptable substitutes” on the market was “a neutral factor” because “all the other competitors [were credited] with their market shares”
- upholding award of lost profits in proportion to pat-entee’s market share of the relevant market including acceptable noninfringing substitutes
- affirming award of lost profits for 40% of market share, and reasonable royalty for the remainder of infringer’s sales
- “Deciding how much to award as damages is not an exact science, and the methodology of assessing and computing damages is committed to the sound discretion of the district court.”
- \The value of collateral sales could also be factored into the royalty rate.\
- “In the two-supplier market, it is reasonable to assume, provided the patent owner has the manufacturing and marketing capabilities, that it would have made the infringer’s sales.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Markey, Mayer, Michel
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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