Defunding The Trolls: Attacking The Damages Claim

Law360, New York (March 14, 2008, 12:00 AM EDT) -- The objective of every plaintiff bringing a patent lawsuit is to obtain a result he could not obtain without the firm hand of justice – and the prospect of years of expensive litigation – either an injunction or a damages award or both.

Where the plaintiff is a corporation that uses the patent in its products and gains competitive advantage from its monopoly on that technology, its goal is to solidify – or recover – that advantage and to be compensated for the injury its rival’s...
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