APPELLATE HIGHLIGHTS

   DAMAGES – The 10th Circuit upheld a damages award of $17 million to Penncro, but ruled that the debt collection company is not entitled to another $6.5 million. Though Sprint breached its contract with Penncro, Sprint was not responsible for lost profits. There is no evidence that the parties’ definition of the term “consequential damages” was designed to foreclose the award of profits lost as a result of Sprint’s breach. Affirmed.

 


   PATENT – The Federal Circuit upheld judgment for Align Technology on most of Ormco Corp.’s patent infringement claims. The circuit found that Align Tech did not infringe on patents related to computer-aided design and manufacture of custom orthodontic appliances because its system relied on skilled operators rather than computers to determine the finish positions of teeth.

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