We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

A Back-To-Basics Approach To Patent Damages Law

Law360 (February 14, 2018, 3:40 PM EST) -- For the last 10 years, the Federal Circuit has issued a series of damages opinions specific to the facts of each case, such as Lucent, LaserDynamics and VirnetX.[1] In several of these opinions, it has generalized prior fact-specific holdings into patent law “rules” and attempted to fit each rule to the next unique fact pattern. By converting fact-specific holdings into patent-specific “rules” without acknowledging fundamental legal principles, the Federal Circuit has created a substantial risk of uncertainty in the trial courts and in the patent system...
To view the full article, register now.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.