Damages: The Courts Beat Congress to Patent Reform (Again)

Authors

Bernard Chao, University of DenverFollow

Publication Date

8-31-2009

Document Type

Article

Organizational Units

Sturm College of Law

Keywords

Damages, Congress, Patent reform, Patent litigation, Rader

Abstract

In a recent district court case, Federal Circuit Judge Randall Rader sent a clear signal that reform on patent damages is coming with or without Congress' intervention.

Sitting by designation, Judge Rader presided over a patent lawsuit brought by Cornell University against Hewlett-Packard Company in the Northern District of New York. During the course of this litigation, Judge Rader issued two orders that limit a patent holder's ability to recover a royalty on the entire value of product when the patent only covers a component found within the product.

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Recommended Citation

Bernard Chao, Expert Analysis, Damages: The Courts Beat Congress to Patent Reform (Again), Law360 (Aug. 31, 2009), https://www.law360.com/articles/114040.