In two recent decisions, the Court of Appeals for the Federal Circuit (“Federal Circuit”) elaborated on the standards to be used when considering whether to award lost profit damages to a patent owner who has successfully shown validity and infringement.
Federal Circuit Decisions Clarify Requirements for Lost Profits Damages
In two recent decisions, the Court of Appeals for the Federal Circuit ("Federal Circuit") elaborated on the standards to be used when considering whether to award lost profit damages to a patent owner who has successfully shown validity and infringement. Both decisions were released by the Federal Circuit on Dec. 4, 2003. (<i>Ferguson Beauregard/Logic Controls, Div. of Dover Res., Inc. v. Mega Sys., LLC,</i> 350 F.3d 1327 (Fed. Cir. 2003); and <i>Utah Med. Prods., Inc. v. Graphic Controls Corp.</i>, 350 F.3d 1376 (Fed. Cir. 2003)). These cases should provide direction to patent owners, defendants, and their counsel when attempting to assert or defend against lost profits claims.
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William O. Kerr And Ronald WashingtonThis premium content is locked for LawJournalNewsletters subscribers only
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