December 2009

An Overview of the CAFC’s Views on Patent Damages

By Michael K. Milani and Eric Carnick

On Sept. 11, 2009, the U.S. Court of Appeals for the Federal Court issued an opinion in the case of Lucent Technologies Inc. et al. v. Gateway Inc. et al. In its ruling, the CAFC found that "the damages evidence of record was neither very powerful, nor presented very well by either party" and that the plaintiff’s damages calculation "lacked sufficient evidentiary support." The CAFC therefore vacated the district court’s award and remanded the case for a new trial on damages.

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