Virginia Panel Corporation, Plaintiff/cross-Appellant v. Mac Panel Company

How courts have described this case

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

• concluding that an unconsummated offer could not constitute per se tying or patent misuse
• holding that patent misuse is “an equitable issue normally reserved for the court”
• finding that seeking injunctions against alleged infringer’s customers did not constitute patent misuse because patentee had a “good faith belief’ that patent was infringed
• noting that the lower court bifurcated the trial into a standard “infringement” trial, in which the patent infringement claims were tried, and an “antitrust” trial, in which both the patent misuse defense and antitrust counterclaim were tried
• affirming 10% enhancement where patent copying was recklessly indifferent as opposed to deliberate, the defendant conducted some investigation of the patents but also engaged in “unacceptable litigation behavior”
• affirming mitigation of enhanced damages based on “reckless” as opposed to “deliberate” copying

Source: CourtListener parenthetical corpus (CC0).