Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Shockley v. Arcan, Inc.

Summary judgment in favor of plaintiff, upholding the validity of his patent, affirmed based on the new rule for reissue patents; court's denial of absolute intervening rights affirmed because such rights only apply to existing products; because lost profit award was speculative and against the great weight of the evidence, plaintiff must either take a reduced amount in damages or agree to a new damages trial.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Appealed from: United States District Court for the District of South Carolina

Magistrate Judge William M. Catoe, Jr.

On a motion for summary judgment, the United States District Court for the District of South Carolina upheld the validity of Mr. Shockley’s U.S. Patent No. Re. 35,732 (the ’732 reissue). Before trial, Arcan, Inc., Telesis Corporation, and Sunex International, Inc. (collectively defendants) conceded that their accused devices contained all limitations of at least one of the asserted claims of the ’732 reissue. After a jury trial, the district court awarded Mr. Shockley and Excalibur Tool & Equipment Co., Inc. (collectively plaintiffs) lost profit damages totaling $3,791,070, of which $3,000,000 was future lost profits. The district court denied defendants’ motion to remit the damage award. The district court also denied defendants’ motion for a new trial on damages.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
General Counsel Conference Southwest 2024
September 18, 2024 - September 19, 2024
Dallas, TX

Join General Counsel and Senior Legal Leaders at the Premier Forum Designed For and by General Counsel from Fortune 1000 Companies


Learn More
Women, Influence & Power in Law US Awards 2024
September 24, 2024
Chicago, IL

Women, Influence & Power in Law Awards honors women lawyers who have made a remarkable difference in the legal profession.


Learn More
Women, Influence & Power in Law (WIPL) 2024
September 23, 2024 - September 25, 2024
Chicago, IL

WIPL is the original global forum facilitating women-to-women exchange on leadership and legal issues.


Learn More
Go to Events Go to Webcasts
(ASSOCIATE) PROFESSOR OF PRACTICE OFFICE FOR ACADEMIC SKILLS INSTRUCTION AND SUPPORT

University of California College of the Law, San Francisco ( UC Law SF, formerly, UC Hastings ), located in downtown San Francisco, seeks...


Apply Now ›
DOCUMENT REVIEW STAFF ATTORNEY/LIMITED PROJECT

COLE SCHOTZ P.C.DOCUMENT REVIEW STAFF ATTORNEY/LIMITED PROJECT: Prominent mid-Atlantic law firm with multiple regional offices seeks a Docu...


Apply Now ›
Seattle, WA State and Local Tax Associate

Description: Fox Rothschild LLP has an opening in Seattle, WA for an associate to join our growing state and local taxation (SALT) team. Thi...


Apply Now ›
Go to Lawjobs