Life Tech Rips Promega Bid To Rethink US Damages In IP Row
Law360, New York (January 30, 2018, 9:52 PM EST) -- Life Technologies Corp. on Monday urged the Federal Circuit to uphold its finding that Promega Corp. doesn't deserve U.S.-specific damages in patent litigation over genetic-testing kits, despite pleas from Promega for a rehearing before the full court.
In November, the circuit court found that Promega waived its right to ask for damages just from U.S. sales when it insisted on a worldwide "all-or-nothing damages strategy." While Promega denies ever taking such a stance, Life Tech claims Promega was singularly focused on a larger damages pool and didn't introduce evidence to separate domestic damages.
"There is no reason to create the perverse...
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