Tag Archives: patent damages

Federal Circuit Strikes Down Millions in Damages Tied to Foreign Sales, with a Lesson for Future Litigants

The Federal Circuit’s recent decision in the litigation between Columbia University and Gen Digital is notable not only for its treatment of software patent eligibility, but also for what it says about potential expansions in the geographic limits of patent damages, especially in the context of software patents. As discussed in our prior blog, the … Continue Reading

Face the inMusic: A Corporate Patent Owner Cannot (Yet?) Recover the Lost Profits of a Subsidiary

The Federal Circuit has long held that “the general rule” of patent infringement damages law is “a patentee may not claim, as its own damages, the lost profits of a related company.” More than 15 years ago, one patent owner argued that an exception to this general rule should be when a subsidiary’s profits “flow … Continue Reading
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