MARINE TRANSPORT LINES, INC.

v.

INTERNATIONAL ORGANIZATION OF MASTERS, MATES & PILOTS

Citator

Cited By

• Thomas v. McLAUGHLIN, 962 F.2d 187 (2d Cir. 1992)
  …occur over an additional period of years — or, for that matter, into the future at all. The continuity requirement was also addressed at length in Procter & Gamble Co. v. Big Apple Industrial Bldgs., Inc., 879 F. 2d 10 (2d Cir.1989), cert. denied, 493 U.S. 1022, 110 S.Ct. 723, 107 L.Ed.2d 743 (1990), where this court found a pattern of racketeering activity adequately pleaded to survive a motion to dismiss. The case involved contracts for the lease, construction and financing of a television and motion pic…
• Atl. Thermoplastics Co., Inc. v. Faytex Corp., 970 F.2d 834 (Fed. Cir. 1992)
  …does not involve a two-supplier market which would justify the assumption that the patent owner would have made all the infringer’s sales. See State Indus, v. Mor-Flo Indus., 883 F. 2d 1573, 1578, 12 USPQ2d 1026, 1029 (Fed.Cir. 1989), cert, denied, 493 U.S. 1022, 110 S.Ct. 725, 107 L.Ed.2d 744 (1990). The district court, on remand, will recalculate appropriate damages using a permissible market share approach, assuming market share analysis is appropriate, if the patent is determined to be valid. COSTS As…
• Minn. Mining & Mfg. Co. v. Johnson & Johnson Orthopaedics, Inc., 976 F.2d 1559 (Fed. Cir. 1992)
  …r must demonstrate that there was a reasonable probability that, but for the infringement, it would have made the infringer’s sales. State Indus., Inc. v. Mor-Flo Indus., Inc., 883 F. 2d 1573, 1577, 12 USPQ2d 1026, 1028 (Fed.Cir.1989), cert. denied, 493 U.S. 1022, 110 S.Ct. 725, 107 L.Ed.2d 744 (1990). However, it is not necessary for the patent holder to negate all possibilities that a purchaser might have bought a different product or might have foregone the purchase altogether. Id. One way to prove lost p…