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.”
To read more, click the link below.
Patent damages: Recent trends in Rule 702 decisions
Rule 702 decision trends are based on our review of available US district court decisions concerning damages experts in patent infringement matters that have...