Taking Control Of The Patent Damages Debate

Law360, New York (September 14, 2009, 12:14 PM EDT) -- Everyone agrees that the way that juries have been awarding damages in patent damages cases has become just about unworkable. Patent holders complain that they are being shortchanged for the value of their innovation. Defendants argue that the “entire market rule” results in unfair windfalls to plaintiffs.

Congress has proposed legislation to solve this problem three times since 2004 — with no success whatever. Parties involved in patent litigation and licensing have been left with virtually no direction from either the courts or Congress as to...
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