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Patent Damages Taking Center Stage At Fed. Circ.

Publisher: Law360
March 18, 2010
Day Pitney Author(s) Elizabeth A. Alquist

Patent damages continue to take center stage at the U.S. Court of Appeals for the Federal Circuit. In a five-month time span, the Federal Circuit rendered several critical opinions related to patent damages that are on the forefront of the hotly contested patent reform debate, and bear significantly on the technology industry's deep pockets.

With three recent decisions handed down from judges of the Federal Circuit, Lucent Technologies v. Gateway, Cornell University v. Hewlett-Packard and ResQNet.Com v. Lansa, the appellate court is capturing the attention of technology industry giants and patent practitioners alike.

The decisions demonstrate the Federal Circuit's desire for the district courts to act as gatekeepers on patent damages awards, and send a strong message to patent owners: You need evidence to support your damages case.

In an article published in Law360, Hartford's Elizabeth Alquist and Stamford's Cecilia Zhang Stiber take a look at the court's new focus on damage awards.

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