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Jan. 26, 2011

The Unappreciated Impact Of Uniloc v. Microsoft

The Federal Circuit does not disappoint in a recent case addressing patent damages awards. By Martha K. Gooding of Howrey.


By Martha K. Gooding


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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