· 9/5/2003
The Dow Chemical Company v. Mee Industries, Inc. And Florida Power Corporation
Citations
- 341 F.3d 1370
- 62 Fed. R. Serv. 229
- 68 U.S.P.Q. 2d (BNA) 1176
- 2003 U.S. App. LEXIS 18389
- 2003 WL 22061482
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that a district court is obligated to award damages once infringement is found, and reversing a finding of no damages that was based upon a lack of expert evidence
- noting that a district court is obli- gated to award damages once infringement is found, and reversing a finding of no damages that was based upon a lack of expert evidence
- explaining that Section 284 “is clear that expert testimony is not necessary to the award of damages, but rather ‘may [be] receive[d] ... as an aid’”
- reversing award of no damages, which was based upon a lack of admissible expert evi- dence, and remanding for determination of royalty
- reversing award of no damages, which was based upon a lack of admissible expert evidence, and remanding for determination of royalty
- “The statute is unequivocal that the district court must award damages in an amount no less than a reasonable royalty.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Bryson, Clevenger, Dyk
Read full opinion on CourtListenerSourced 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.