Patent Damages

See the recent article on Legislative patent damages reform published in the Los Angeles Daily Journal

Posted by Chris Marchese

One of our bloggers, Chris Marchese, published an article on August 11, 2010 that he co-wrote with Olga May (an associate in Fish's San Diego office).  The article is entitled:  "Runaway Patent Damages Awards:  Is Statutory Reform on the Way?"  (See the article here:  Marchese-May Daily Journal Article on Patent Damages Reform.)  The article is reprinted and/posted with the permission of the Daily Journal Corp.  The article talks about the huge damages verdicts being handed down by juries across the country, and offers an opinion -- of course, the two authors' opinion -- that Congress should intervene and issue amendments to the patent damages statute that have teeth....particularly, legislation that codifies the key principles of the entire market value rule and apportionment.