CRA Insights: Intellectual Property: December 2017

CRA Insights: Intellectual Property: December 2017

Sean Sheridan , Kim Schenk
Intellectual Property

On November 13, 2017, the US Court of Appeals for the Federal Circuit affirmed the District Court’s grant of Life Technologies Corporation’s motion for judgment as a matter of law that Promega Corporation failed to prove the applicable damages for patent infringement and was therefore entitled to no damages. The CAFC held that although “[p]atent owners who prove infringement are typically awarded at least some amount of damages… a patent owner may waive its right to a damages award when it deliberately abandons valid theories of recovery in a singular pursuit of an ultimately invalid damages theory.”

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