New Case Law for Patent Damages

28 April 2010
Hosted By: Law Seminars International

Law Seminars International held a one-hour expert telebriefing on 28 April 2010 to address recent trends in Federal Circuit patent damages. The panel was moderated by NERA Speical Consultant Dr. Elizabeth M. Bailey.

Federal Circuit judges are giving increased scrutiny and guidance on the standards for reasonable royalty damage awards in patent matters. This appears to be in response to the widely held perception that District Courts, in awarding damages, have tolerated the use of methodologies that are not based on sound principles. This panel examined three recent cases that are indicative of the trend toward higher standards for damage calculation: Lucent Technologies, Inc. v. Gateway, Inc., i4i Limited Partnership v. Microsoft Corp., and Cornell University v. Hewlett-Packard Co. The panelists discussed these important recent trends and their implications for counsel and other business and technical professionals involved in litigating intellectual property rights.

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