In the Wash World v. Belanger case, the Federal Circuit addressed the important distinction between apportionment and convoyed sales in determining patent damages. The court overturned a substantial portion of the $9.8 million lost profits awarded by a jury, which claimed that Wash World's car wash system infringed on Belanger's patent for a vehicle spray washer with a specific lighting feature. The ruling emphasized that damages must be carefully apportioned to separate patented from non-patented features, applying a convoy analysis that had been overlooked by the district court.
The Federal Circuit's decision in Wash World v. Belanger clarifies the distinction between apportionment and convoyed sales in patent damages law.
The court's ruling significantly reduced a jury's award by emphasizing that lost profits must consider both patented and non-patented features separately.
The appellate ruling clarified that convoy analysis is necessary when assessing damages, highlighting a crucial procedural distinction in patent infringement cases.
The Federal Circuit's footnote in Wash World v. Belanger provides critical insights on the improper blending of apportionment and convoyed sales assessments for damages.
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