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Licenses Patents Damages

Manatt, Phelps & Phillips, LLP

Will the Federal Circuit Bring the Hammer Down on Big Damages Claims?

On September 25, 2024, for only the second time since 2018, the U.S. Court of Appeals for the Federal Circuit granted a request for en banc review of a panel decision in a patent case. The case, EcoFactor Inc. v. Google LLC,...more

WilmerHale

The Broken Balance: How “Built-in Apportionment” and the Failure to Apply Daubert Have Distorted Patent Infringement Damages

WilmerHale on

The United States patent system is designed to be a balance: in exchange for the inventor disclosing their invention to the public, pa-tentees are granted exclusive rights to that invention for a period of time. This ensures...more

McDermott Will & Emery

One for All, and All for One . . . Except When It Comes to Patent License Comparability

McDermott Will & Emery on

Examining whether portfolio patent licenses can be sufficiently comparable to a single-patent license for the purposes of supporting a patent damages verdict, a split panel of the US Court of Appeals for the Federal Circuit...more

Smart & Biggar

Rx IP Update - May 2017

Smart & Biggar on

Federal Court of Appeal finds that Apotex did not fail to mitigate its damages in relation to Apo-Trazodone drug submission - On April 6, 2017, the Federal Court of Appeal overturned the Federal Court’s finding that...more

Mintz

Ninth Circuit Upholds Judge Robart’s RAND Determinations in Microsoft v. Motorola

Mintz on

Late last month, the Ninth Circuit Court of Appeals issued its much-anticipated decision in Microsoft v. Motorola, a breach of contract action brought by Microsoft alleging that Motorola violated its commitment to license its...more

BakerHostetler

Patent Trolls, Anti-Trolls, and Antitrust Law Collide in Patent Licensing Dispute

BakerHostetler on

We previously wrote that regulators are considering using antitrust laws to reign in perceived abuses by non-practicing entities or, more familiarly, “patent trolls” – entities that purchase the rights to patents not to...more

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