Damages Provisions Of The Patent Reform Act

Law360, New York (April 29, 2009, 12:00 AM EDT) -- Efforts have been made for several years to reform various aspects of the patent laws. Perhaps no effort has been more contentious than that directed toward changing the damages provision of the patent statute.

Prior attempts in 2007 and 2008 to change the damages provision of the patent laws were unsuccessful, although the 2008 proposal was passed by the House. Again in 2009, bills were introduced in the House (H.R. 1260) and the Senate (S. 515) which proposed extensive changes.

In early April, however, the Senate...
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