Promega Gets Damages Appeal All Wrong, Life Tech Says

Law360 (August 17, 2018, 9:19 PM EDT) -- Promega Corp.'s cert petition seeking additional damages from patent litigation it won over genetic-testing kits focuses on a question that has nothing to do with the actual case, Life Technologies Corp. said in urging the justices to reject it.

While Promega's June petition for a writ of certiorari frames the appeal as a question over when to raise new trial arguments, Life Tech on Wednesday argued that the company "misconstrues the [Federal Circuit's] ruling." The circuit court had refused to grant separate domestic and international damages because Promega actively pursued the case with a worldwide "all-or-nothing damages strategy," not because the question...

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