Challenging Inflated Damages Claims By NPEs

Law360, New York (July 11, 2011, 2:18 PM EDT) -- In my April 12, 2011, Law360 article, “Resetting Damages In NPE Litigation Against IT Companies,” I reviewed recent decisions by the U.S. Court of Appeals for the Federal Circuit mandating an economically rigorous approach to “reasonable royalty” calculations, and applied those decisions to nonpracticing entity (NPE) cases against information technology companies. In virtually all such cases, the NPE asserts a patent claiming an improvement to one feature of one component of a complex, multicomponent product or service.

The Federal Circuit’s new (or, more accurately, resurrected) approach...
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