Analysis

Fed. Circ. Gives Patent Damages Experts More Flexibility

Law360, New York (January 19, 2018, 8:19 PM EST) -- The Federal Circuit's decision to toss out a $48 million award Exmark won against Briggs & Stratton should alleviate concerns about patent drafting tricks being used to inflate damages awards, although attorneys said it will give experts more flexibility in their damages analyses.

The ruling vacated a Nebraska federal court's decision that Briggs & Stratton Power Products Group LLC infringed an Exmark Manufacturing Co. Inc. patent for a lawn mower with a "flow control baffle," as well as the damages award, after finding the lower court made several errors in the case.

Notably, the Federal Circuit addressed how patent owners determining...

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