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Expert Analysis

Lessons From The Changing Patent Damages Landscape

Law360, New York (November 29, 2012, 11:38 AM EST) -- Congress created the United States Court of Appeals for the Federal Circuit in 1982 to bring greater uniformity to certain areas of federal jurisdiction including, importantly, the patent law. In 2009, then-Chief Judge Paul Michel observed in an oral argument that, notwithstanding the 30-year lapse, the Federal Circuit's decisions "are apparently lacking in clarity and unhelpful to reasonable royalty calculations" and that "[i]t's kind of amazing, that since patent cases are heavily about damages, that at this late date, ... there still seems to be massive unclarity about how reasonable royalty damages are to be calculated."[1]...

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