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A thought about “patent reform” April 1, 2015

Posted by Brian Schar in Federal Circuit.

To the extent that there is a perceived problem in the business community regarding patents, a perennial complaint has to do with uncertainty.  If a manufacturer gets sued, it’s expensive, and damages can be huge.

However, isn’t this more of a problem with damages than a problem with patents themselves?  Having just attended a very information CLE class centered on the VirnetX case and its progeny, the Federal Circuit has inserted a lot more rigor into the damages analysis – which is something that reduces damages uncertainty.  Still, if a legislative solution to the uncertainty problem is sought, it would seem more productive to come up with a statutory formula for patent damages, rather than yet another set of statutes that deal with patents themselves.


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