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Two Federal Circuit cases from 2000 have erected hurdles for patent infringement plaintiffs, allowing defendants to avoid or reduce damages. An infringer can seek reduced damages by proving that it could have easily adopted an acceptable non-infringing design to avoid infringement. Also, plaintiffs claiming price erosion must now calculate the elasticity of demand in the relevant market or prove barriers to entry.
September 27, 2001 at 12:00 AM
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The original version of this story was published on Law.Com
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