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Two recent Federal Circuit decisions elaborate on the standards for considering whether to award lost profit damages to a patent owner who has successfully shown validity and infringement. These cases should give direction on trying to assert or defend against lost profits claims. Without a clear showing of the number of sales the patent owner would have made had the infringer not been in the market, any lost profits claim is at risk.
April 29, 2004 at 12:00 AM
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The original version of this story was published on Law.Com
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