Patent infringement damages rejected for lost foreign sales
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Description
Abstract: The appropriate measure of damages for patent infringement remains hotly debated. This article examines one recent decision in which an appeals court addressed the availability of “worldwide damages” for lost sales. While the court found that direct infringement had occurred, it was unpersuaded by the argument that lost sales in foreign markets should have played a role in the original award, and remanded for a new trial on the damages.
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