On November 26, 2018, visiting Judge Bataillon in the District of Delaware issued a judgment in favor of The Washington University in St. Louis and against Wisconsin Alumni Research Foundation (WARF) for breach of contract. WashU was awarded damages of $31.6 million for underpayment of royalty income under the parties’ inter-institutional license agreement (IIA). The litigation arose from a dispute between WashU and WARF about the relative value of different patents and allocation of royalties to those patents under the terms of the IIA.
A look at Chinese courts’ new approach to IP damages
In this Law360 article, Fei Deng, Hong Qiao, and Yi Cheng examine the trend of Chinese courts toward awarding larger non-statutory damage awards in IP cases....