Tech Giants Urge Justices To End IP Damages 'Loophole'

By Dani Kass (February 13, 2020, 7:56 PM EST) -- Several of the country's largest tech companies on Thursday threw their weight behind Apple's Supreme Court petition challenging a $439 million infringement verdict, urging the justices to close a Federal Circuit "loophole" that allows inflated damages for patent infringement.

The High Tech Inventors Alliance, alongside HP Inc. and Lenovo Inc., filed an amicus brief warning against using prior licenses to determine how much an infringer should have to pay in damages, rather than an apportionment analysis. Focusing on licenses doesn't take into account the relative value of the patented technology, the brief says.

"Prior licenses of course can be a factor...

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