Litigation
Aug. 22, 2014
Choosing claims to assert
Because past damages may form a significant part of potential recovery in patent litigation, understanding when to limit the asserted claims may be a critical component in forming a litigation strategy. By Evelyn Mak and Dennis Wang
In patent litigation, a patentee may recover damages for up to six years prior to the filing of the complaint. However, the patent-marking statute, 35 U.S.C. Section 287(a), may limit the amount of past damages the patentee can recover when the patentee or its licensee makes or sells a product covered by the patent, but does not mark the product with the patent number. Nevertheless, under current law of the U.S. Court of Appeals for...
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