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Judge Weighs Jury Consideration of Future Damages in Patent Suits
The National Law Journal
Friday, August 8, 2008
Lawyers for patent infringement cases in the U.S. District Court for the Eastern District of Texas were put on notice in July that juries in their trials may take up the question of "future damages" for ongoing violations of a patent. U.S. District Judge Ron Clark, who sits in Beaumont, sent an identical July order to lawyers in nine Eastern District cases, saying that "under some circumstances, the court may award an ongoing royalty for patent infringement in lieu of injunctive relief."
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Vanhoy v. United States
Texas Lawyer
Monday, February 4, 2008
The district court's ruling in the Federal Tort Claims Act case, requiring the government to make an immediate lump-sum payment of future medical care damages to Teddy J. Vanhoy, was proper.
Hawkins v. Walker
Texas Lawyer
Monday, October 15, 2007
Factually insufficient evidence supported the jury's award of $1.7 million in damages to Vivian Walker for past and future mental anguish and for past and future loss of companionship and society arising from the death of her daughter.
Rivera v. White
Texas Lawyer
Monday, September 17, 2007
Damages awards for pain and suffering, mental anguish and future medical expenses are inappropriate for summary judgments, because they are unliquidated damages that cannot be proven with the necessary degree of certainty for a summary disposition.
Chicago Title Insurance Co. v. Home Loan Corp.
Texas Lawyer
Monday, August 20, 2007
Because the trial court submitted the claim for exemplary damages in the jury charge only with regard to the tort claim for fraud, the reversal of the award of actual damages for fraud dictated a reversal of the award of exemplary damages.
Equistar Chemicals LP v. Dresser-Rand Co.
Texas Lawyer
Monday, May 14, 2007
Dresser-Rand Co. failed to assert the economic loss rule as an affirmative defense and, by failing to object to the jury charge, did not preserve error as to the economic loss rule.
