ELBIT SYSTEMS LAND AND C4I LTD v. HUGHES NETWORK SYSTEMS, LLC
- Jun 25 2019 |
- Category: CAFC Updates
Elbit brought this action against Hughes alleging that Hughes infringed Elbit’s Patent relating to systems for transmitting information from user terminals to a central hub using satellite communication—that direction being called a “reverse link.” The jury found claims infringed and awarded damages. The district court found that the case was exceptional and that Elbit is entitled to attorney’s fees. Hughes appeals the infringement finding, arguing that its products do not include the claimed “continuous transmission of data” communication means or the switching means, but the CAFC finds that the infringement determination was supported by substantial evidence. With respect to the damages award, the CAFC finds that Hughes, which introduced no expert damages testimony of its own, has not demonstrated either “faulty assumptions” or “a lack of reliable economic testimony” that would warrant disturbing the jury’s award and the exceptionality determination. The CAFC further concludes that it lacks jurisdiction to review the unquantified attorney fees award. In summary, the CAFC affirms as to infringement and damages, and dismisses the portion of the appeal seeking review of the district court’s exceptionality finding.