Dura Corp. v. TWM Manufacturing Co.

observing the need for multistate class plaintiffs to undertake an extensive analysis of state law variances among jurisdictions to demonstrate that "class certification does not present insuperable obstacles" | "the harm suffered by the named plaintiffs may differ in degree from that suffered by other members of the class so long as the harm suffered is of the same 1ype" | suit to obtain “mandatory injunctive relief in the form of certain remedial action and restitution for expenditures already incurred” is designed primarily to obtain monetary relief and is therefore inappropriate under Rule 23(b)(2) | remedy for multiplication of assault and involuntary manslaughter was dismissal of lesser included offense, citing United States v. Zupancic, 18 M.J. 387 (C.M.A.1984) and United States v. Zubko, 18 M.J. 378 (C.M.A.1984) | court has discretion in choosing analytical approach to determine reasonable royalty | granting conditional certification of class while noting problem of manageability | granting conditional certification of class while noting problem of manageability | district court did not abuse its discretion in using a preinfringement, internal memorandum of projected profits to arrive at a reasonable royalty in part because the infringer “used the figures in the memorandum in deciding whether to manufacture and market the infringing device” | granting conditional certification of nationwide class