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:
To continue reading, you need a subscription to WIPR. Start a subscription to WIPR for £455.
In-house feature articles, the archive and expert comment require a paid subscription. Subscribe now.
Want to give it a try? We are offering a two week free trial to the WIPR website – register and select “Free Trial” to begin access to the full WIPR archive and read the latest news, features and expert comment. Begin your free trial here.
Is your 2 week free trial about to end? Upgrade to a 12 month subscription for £455 now.
If you have already subscribed please login.
If you have any technical issues please email James Lynn on firstname.lastname@example.org.
Lucent, damages, patent litigation, Microsoft, i4i