Intellectual Property
Dec. 8, 2016
How to build Daubert-proof patent damages cases
Patent damages, no longer the sleepy sister to the hustle and bustle of patent infringement and validity, requires thorough preparation begun early to withstand Daubert. By Chris Marchese, Markus Weyde and Tucker Terhufen
Chris Marchese
Principal
Fish & Richardson PC
633 West Fifth Street, 26th Floor
Los Angeles , CA 90071
Phone: (858) 678-5070
Email: marchese@fr.com
George Washington Univ Law School
Patent damages were once like a sleepy neighborhood when compared to the hustle and bustle of patent infringement and validity. Injunctions were nearly automatic in patent cases and frequently created the most settlement leverage; the damages case was often an afterthought. The U.S. Court of Appeals for the Federal Circuit issued few groundbreaking damages opinions. Daubert motions w...
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