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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Patent Damages: Recent Trends in Daubert Decisions
In this Insights, we update the Daubert Decision trends in last year’s Insights with 2021 data. Daubert Decision trends are based on our review of available...