Cochlear Corporation v. Alfred E. Mann Foundation for Scientific Research


Question(s) Presented

1. “Whether the Federal Circuit has misapplied the ‘book of wisdom’ set forth in Sinclair Refining Co. v. Jenkins Petroleum Process Co., 289 U.S. 689 (1933), by allowing a reasonable royalty for patent infringement under the Patent Act, 35 U.S.C. ยง 284, to be determined by evidence arising long after the hypothetical negotiation on which that royalty is based?”

2. “Whether Maryland v. Baldwin, 112 U.S. 490 (1884), forecloses an award of damages under a general damages verdict where some claims underlying that award are overturned after trial, and if so, whether a party may challenge such a result notwithstanding agreement to a general damages verdict?”

3. “Whether Garretson v. Clark, 111 U.S. 120, 121 (1884), requires apportionment of patent damages to the inventive contribution of the claimed technology?”

Posts About this Case

Proceedings and Orders
September 23, 2020
DISTRIBUTED for Conference of 10/9/2020.
September 28, 2020
Response Requested. (Due October 28, 2020)