The Patent Reform Act

Thu Jan 31 15:24:38 EST 2008
By Bryan Ray

In this article from Know IP, the Stockholm Network's monthly IPR journal, NERA Vice President Bryan Ray examines the Patent Reform Act of 2007, which was passed by the US House of Representatives in September and is currently awaiting action by the US Senate. The legislation includes amendments to the statutory provision for the award of damages for patent infringement. While the sponsors of the legislation believe that the amendments will help ensure that damages awards accurately reflect the harm caused by infringement, opponents argue that the amendments will unduly limit damages awards and unnecessarily constrain the approaches courts use to measure patent infringement damages. Mr. Ray reviews the proposed damages provisions in the context of existing case law and sound economic principles for the calculation of patent infringement damages.