Analysis

Big Patent Paydays Remain Tough With $140M Fed. Circ. Ax

Law360 (July 13, 2018, 5:33 PM EDT) -- A recent Federal Circuit ruling that threw out $140 million in patent damages won by Power Integrations Inc. shows that the appeals court is keeping a close eye on sizable verdicts and making it difficult for patentees to base damages theories on a product’s entire value, attorneys say.

In a decision this month, the Federal Circuit held that in a chip patent suit against Fairchild Semiconductor International Inc., Power Integrations wrongly invoked the entire market value rule, which holds that damages can be based on the total amount of revenue generated by the accused product, but only when the patented feature...

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