Heeling Sports Limited v. US Furong International Inc.
Court of Appeals for the Federal Circuit
decided on 2009-04-03 00:00:00
panel: Mayer, Plager, Bryson,
Overview
In Heeling Sports Limited v. US Furong International (08-1483), the Court of Appeals for the Federal Circuit remanded a district court's damages and attorney fees award because the judgment failed to explain the methodology used in calculating damages. Rejecting the patentee's argument that the award, which was 10% of the lost profits amount calculated by its expert, "must" have an impermissible relationship to the infringer's profits, the court declined to guess at the methodology used and remanded for either an explanation or reconsideration of the award. The lesson - make sure the district court judge explains, in the judgment, any and all calculations used in determining a damaged award.
Keywords
damages - Remand is appropriate, and indeed necessary, when the district court fails to provide an explanation of how it arrived at a damages award to ensure that, on appeal, the court is reviewing a judgment rather than speculating as to the district court's methodology or making determinations that should have been made by the district court.
standard of review - The court applies a "deferential abuse-of-discretion" standard when reviewing a district court's methodology for calculating damages.
Detailed review
No detailed review written.
