The Continued Evolution Of Patent Damages Law: Patent litigation trends 1995-2009 and the impact of recent court decisions on damages

Chris Barry
Alex Johnston
Ronen Arad
David Stainback
Landan Ansell
Mike Arnold

As the world’s largest corporations face increased threats of patent litigation from their competitors and from nonpracticing entities (NPEs), the debate over U.S. patent reform continues. In each of the last five Congressional sessions, variants of a Patent Reform Act have been introduced, yet none have become law. One of the most widely discussed topics in the patent reform debate has been the issue of damages. Some view recent case law as unfairly limiting a patentee’s ability to recover adequate compensation, whereas others believe the current law frequently results in excessive jury awards.


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