Perspective
Aug. 19, 2010
Guilty Verdict, But Is the Patent Damages Award Too High?
Reversal of the damages award in a patent infringement case due to inconsistency between the amount and the evidence serves as a cautionary tale, by Daniel R. Foster of McDermott Will & Emery.
In a patent infringement case against a defendant and two of its employees, the U.S. Court of Appeals for the Federal Circuit reversed the jury's verdict and remanded the case because the damages award conflicted with the clear weight of the evidence, and the jury instructions lacked the legal tests necessary to determine the employees' individual liability. The Federal Circuit continued the line of recent decisions, including ...
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