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...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!