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After Lucent: how the federal circuit became more rigorous on damages

01-01-2010

Kevin McCabe and Mark Fox Evens

The United States Court of Appeals for the Federal Circuit has recently demonstrated a renewed scrutiny of damages awards.

The United States Court of Appeals for the Federal Circuit has recently demonstrated a renewed scrutiny of damages awards, perhaps in response to the Supreme Court’s increasing scrutiny of patent issues, or the clamour for patent law reform, or perceptions of outlandish damages, say Kevin McCabe and Mark Fox Evens.

All parties to patent litigation will benefit from a deeper understanding of the Federal Circuit’s analytical framework for reviewing patent damages awards.

The patent damages statute, 35 USC 284, provides:


Lucent, damages, patent litigation, Microsoft, i4i

WIPR

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