Resetting Damages In NPE Litigation Against IT Cos.
April 11, 2011, 2:43 PM EDT
Law360 (April 11, 2011, 2:43 PM EDT) -- Recent decisions by the U.S. Court of Appeals for the Federal Circuit, culminating with Uniloc, make specific fixes to abuses in the calculation of damages in patent litigation. They also, however, demand a new, economically rigorous approach to “reasonable royalties” that will significantly reduce damages claims in most nonpracticing entity (NPE) cases against information technology companies. Moreover, this new approach can be harmonized with Georgia Pacific — with a few crucial adjustments.
Investor-Funded Litigation Followed the Money
This month, the Federal Trade Commission released a report...