A New Checklist For Patent Damages
1) Damages must be apportioned to the contribution of the patent to the product and the technology.
2) The hypothetical negotiation must be based only on facts.
On Feb. 5, 2010, in ResQNet.com v. Lansa, Nos. 2008-1365, -1366, 2009-1030 (Fed. Cir. Feb. 5, 2010), the Federal Circuit emphasized that “the trial court must carefully tie proof of damages to the claimed...
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