Last month, the Senate Judiciary Committee approved an amended version of the Patent Reform Act (S515) that included important compromises on provisions that have kept the bill deadlocked.
Most notably, the provision on damages was amended to allow the judge to determine which of the various methodologies presently allowed for calculating damages is most appropriate in a particular case.
HR1260, the House version of the Act, still allows for a controversial approach to calculating damages for patent infringement that would base damages upon "that economic value properly attributable to the patent's specific contribution over the prior art".
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