Navigating Challenges in Patent Damages Analysis: Key Considerations for Litigants and Counsel
Damages in patent infringement cases are nearly always hotly contested, in part because the underlying case law involving lost profits and reasonable royalties can be confusing and sometimes seemingly contradictory. Parties routinely engage in motion practice resulting in the exclusion of damages opinions, potentially derailing a case. Thus, it is imperative for both litigants and counsel to stay abreast of the latest trends and developments in patent damages to sidestep potential pitfalls.