The Truth About Patent Damage Awards

Law360, New York (October 16, 2014, 10:21 AM EDT) -- Although many may associate patent litigation with a proliferation of stratospheric jury verdicts, Lex Machina's Patent Litigation Damages Report reveals that these preconceptions are most often wrong. Few patent cases go to trial, and fewer result in any damages, let alone the kind that make headlines. Understanding the data surrounding patent litigation damages can help companies make better strategic decisions around when to litigate (and how much to budget), as well as to better situate counsel seeking a negotiating position. I hope that this report provides some clarity into the realities of patent damages — something I felt was lacking to my clients and to me in my previous experience as a patent litigator....

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