No Damages For Promega In Gene-Testing IP Row: Fed. Circ.

Law360, New York (November 13, 2017, 7:32 PM EST) -- Promega Corp. can't recover any damages in a patent suit against Life Technologies Corp. over genetic-testing kits after the U.S. Supreme Court put limits on overseas infringement, the Federal Circuit ruled Monday, saying the possibility for damages had been foreclosed by Promega's "all-or-nothing" damages strategy.

The appeals court, in a precedential ruling, affirmed a Wisconsin federal judge's decision to overturn a $52 million jury verdict that Promega won in 2012. The court also said the judge was right to deny Promega's request for a new trial.

The case was back at the Federal Circuit after the Supreme Court overturned an earlier...

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