Patent Damages Post Festo

Law360, New York (September 29, 2010, 11:23 AM EDT) -- With the cost of litigating and losing patent infringement cases spiraling ever upward over the past 10 years, Congress has struggled with patent-related legislation including hotly contested provisions to limit damages awards.

The Federal Circuit and district courts have moderated damages awards and reaffirmed the areas of required proof by liability and damages experts. However, the U.S. Supreme Court itself has provided a previously under-appreciated basis for a strategy to provide greater rigor for damages claims.

Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co.,[1] which governs...
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