Focus (Forum & Focus)
Sep. 12, 2009
The Royalty Treatment
The Federal Circuit recently found that under some circumstances, awarding an ongoing royalty for patent infringement in lieu of an injunction may be appropriate, write Mark Selwyn and Christine Duh.
FOCUS COLUMN
By Mark Selwyn and Christine Duh Plaintiffs in patent infringement actions typically seek remedies in the form of monetary damages and injunctive relief. Until just a few years ago, a successful plaintiff would routinely be awarded monetary damages by the jury for infringement leading up to the judgment, and then granted a permanent injunction by the court to stop infringement following the judgment. The landscape changed dramatically...For only $95 a month (the price of 2 article purchases)
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