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.
China refines how to determine patent damages
China’s patent law was promulgated in 1984 and amended three times prior to 2020 (in 1992, 2000, and 2008). On October 17, 2020, the National People’s Congress...