Warsaw Orthopedic, Inc. v. NuVasive, Inc. – Lost profits damages must be reasonable
Abstract: This article reviews a 2015 patent infringement case in which the U.S. Court of Appeals for the Federal Circuit upheld a finding of infringement but decided that the plaintiff wasn’t entitled to recover lost profits damages sustained via three subsidiaries. The article explains the court’s reasoning in each of the three instances. The plaintiff wasn’t precluded from recovery altogether. The court ordered a new trial to determine reasonable royalty damages.