Fed. Circ. May Take Damages Issue Into Own Hands

Law360, New York (July 21, 2009, 9:56 PM EDT) -- As Congress continues to struggle with whether to limit damages in patent infringement litigation, two cases are up before the U.S. Court of Appeals for the Federal Circuit that may be used to shed some light on when a patentee should be entitled to recover damages on the entire market value of a product.

The Federal Circuit heard oral arguments in June in Microsoft Corp.’s appeal of a $358 million award to Alcatel-Lucent after a California court upheld a jury verdict that Microsoft’s Outlook calendar date-picker...
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