Patent trial lawyers expected the Federal Circuit's decision in Uniloc USA Inc. v. Microsoft Corp., (Fed. Cir. Jan. 4, 2011) to make some significant changes in the law of patent damages, and the court did not disappoint. In forceful and unambiguous language, the Federal Circuit rejected two approaches to damages calculation that many believe have been largely responsible for some of the recent out-sized patent damages awards. Firs...
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