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ARTICLE · 22 DECEMBER 2011

Claimed Damages Under Close Scrutiny

Goodwin Procter LLP
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Recent Federal Circuit case law has changed the game regarding reasonable royalty damages in patent cases, placing a renewed focus on the nature and type of evidence required to tie the damages to the patented invention, or in most cases the lack thereof.

United StatesIntellectual Property
David Kleinfeld
David Kleinfeld
Nicole Cunningham
Nicole Cunningham

Originally published in The Recorder, November 2011

Patents

Recent Federal Circuit case law has changed the game regarding reasonable royalty damages in patent cases, placing a renewed focus on the nature and type of evidence required to tie the damages to the patented invention, or in most cases the lack thereof. Generalized theories and abstract constructs have been unambiguously rejected in favor of the rigorous application of case-specific facts. As a result, it is critical that practitioners utilize targeted efforts to develop detailed damages evidence designed to avoid these pitfalls and consider litigation tactics to exploit the more stringent damages proofs now being required.

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