Three cases reshaping patent licensing practice
01 March 2010
US judges have recently set higher standards for calculating royalties in patent infringement cases. Elizabeth Bailey, Alan Cox and Gregory Leonard explain what the decisions mean
On September 11 2009, the CAFC issued its opinion in Microsoft's appeal of the $358 million damage award in Lucent. In a jury trial, Microsoft was found to have infringed a patent that describes a method to enter information on a computer screen without using a keyboard (for instance, by using a stylus). Lucent contended that Microsoft's use of a drop-down calendar in Outlook and other programs infringed its patent. Microsoft appealed the damages award to the CAFC. Finding that the "damages calculation lacked sufficient evidentiary support", the CAFC remanded the matter for a new trial on damages....
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