Cochlear Corporation, et al. v. Alfred E. Mann Foundation for Scientific Research, et al.
Patent Privacy JusticiabilityDoctri
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. § 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?
38. Whether Garretson v. Clark, 111 U.S. 120, 121
(1884), requires apportionment of patent damages to
the inventive contribution of the claimed technology?
Whether the Federal Circuit has misapplied the 'book of wisdom' set forth in Sinclair Refining Co. v. Jenkins Petroleum Process Co.