Fed. Circ. Standard On Patent Damages Needs Clarity

Law360 (October 22, 2019, 4:40 PM EDT) -- A long-standing issue in calculating damages in patent lawsuits is the accused infringer's sale of a multicomponent product in which the asserted patent only covers one feature of the product. For over a century, the U.S. Supreme Court has held that plaintiffs must take care in seeking only those damages attributable to the infringing features.

Stretching back 135 years, in Garretson v. Clark, the plaintiff sought damages based on the defendant's sales of entire mops based on a patent for a mop head clamp.[1] The court determined that this was in error: "The patentee … must in every case give evidence...

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