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

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Sturm College of Law


Damages, Congress, Patent reform, Patent litigation, Rader


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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