Biggest Patent Verdicts Fall To Fed. Circ.'s Ever-Moving Target

By Dani Kass (March 3, 2020, 4:27 PM EST) -- Billion-dollar patent verdicts don't last at the Federal Circuit.

There's always something to whittle away at the numbers: apportionment to slice even smaller, market value drivers to examine, claims to invalidate. The appeals court is constantly picking apart how it wants to approach damages, actively creating rules beyond what other circuits may do and winnowing the jury's award, experts said.

"Other circuits typically have a fundamentally different approach to damages," said Milbank LLP intellectual property litigation group leader David I. Gindler. "And by fundamentally different, the Federal Circuit is, in my view, very proactive in creating rules for damages in patent...

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