5 Tips For Building A Bulletproof Patent Damages Case
By Erin Coe (March 4, 2016, 3:04 PM EST) -- As if maneuvering through Alice motions and validity challenges at the patent office wasn't hard enough, patent owners are facing more and more scrutiny from district courts to prove damages in patent litigation.
Over the last several years, the Federal Circuit has tried to curb outsized damages awards that are untethered to any real inventive concept in the patent claims, notably with its 2009 ruling in Lucent Technologies v. Gateway, and later with a string of decisions that include ResQNet.com v. Lansa in 2010, Uniloc USA v. Microsoft in 2011, LaserDynamics v. Quanta Computer in 2012 and VirnetX v. Cisco Systems...
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