An Arbitration Tribunal of the International Centre for Dispute Resolution recently rejected a counter-claimant’s request for $219 million for an alleged breach of contract due, in part, to inconsistencies within its damages claim. Nomir Medical Technologies, Inc. (“Nomir”) contracted with Selex Galileo, Inc. (“Selex”) in 2014 to have Selex develop and conduct human testing of […]
Ocean Tomo Financial Damages
The FTC and ITC – Protecting America’s Industry
It has become more fashionable, and importantly more profitable, for a company to promote “Made in America.” After all, consumers perceptions of the Made in America mark (or similar marks) drive product preference and afford a price premium as “American Made” is perceived to offer higher quality. Research from Consumer Reports and Standard Textile indicates: […]
Virtual Trials and Remote Witnesses; Lessons from Recent Patent Trials
Given social distancing requirements and other pandemic related issues, jury trials have been largely discontinued. While most bench trials were also delayed, some courts have started holding remote, aka “virtual,” bench trials. Although not all that different from an in-person trial, virtual trials do have several defining features. Since the start of the current pandemic, […]
Supreme Court Decision in Romag Fasterners Inc. v. Fossil Inc. et al.
Thursday’s Supreme Court decision in Romag Fasterners Inc. v. Fossil Inc. et al. that willfulness should not be an “inflexible precondition” for disgorgement of defendant’s profits in trademark cases has now become one of the relatively few cases from the highest Court that speaks to monetary awards in such cases. What will – or should – […]