Update on patent damages under the Panduit test

Description

Abstract: The Panduit factors for determining lost profits damages in patent infringement cases were established about 40 years ago. The factors have been challenged on various grounds over the years. This article explains the Panduit test and summarizes a recent high-profile patent infringement claim that could soon fall under U.S. Supreme Court scrutiny. Mentor Graphics Corp. v. EVE-USA, Inc. (Mentor I), No. 2015-1470, -1554, 01556 (Fed. Cir. March 16, 2017) Mentor Graphics Corp. v. EVE-USA, Inc. (Mentor II), No. 2015-1470, -1554, 01556 (Fed. Cir. Sept. 1, 2017)