Signaling A Stricter Damages Standard In Fed. Circ.

Law360, New York (April 12, 2010, 12:27 PM EDT) -- Over the last year, and as recently as this March, a pattern of cases has developed addressing the issue of damages apportionment in patent infringement litigation. The results seem to signal a stricter evidentiary standard for damages generally and the application of the Entire Market Value Rule in particular.

In April of 2009, Judge Randall Rader of the U.S. Court of Appeals for the Federal Circuit, sitting by designation in the Northern District of New York, slashed a $186 million jury verdict against Hewlett-Packard to $53...
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