Fed. Circ. Gives Patent Damages Experts More Flexibility
By Matthew Bultman (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...
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!