2011: A Case Odyssey — Part 1

Law360, New York (March 23, 2012, 12:42 PM EDT) -- On Jan. 4, 2011, the Federal Circuit issued its opinion in Uniloc,[1] famously delivering a fatal blow to the availability of the 25 percent rule of thumb in calculating patent damages. Uniloc followed on the heels of several other important decisions, namely Lucent (September 2009),[2] ResQNet.com (February 2010)[3] and Wordtech (June 2010),[4] during a time when Congress was evaluating a draft patent reform bill containing significant guidance on how trial courts should treat damages claims and evidence thereof.

As a result of these and other decisions,...
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