In its only precedential patent case this week, the Federal Circuit sent a case back for a third trial on the issue of damages. This appeal comes after the second jury trial, in which Omega accused CalAmp of infringing claims of four of its patents. In the prior appeal and the instant appeal, the Court affirmed on the underlying issues of infringement and validity. But the Court held that the damages determination was improper by excluding relevant evidence and failing to properly apportion.
This is our second Case of the Week write-up in less than a month involving damages issues, including apportionment. See our write-up of similar issues in MLC Intellectual Property, LLC v. Micron Technology, Inc., here.