Navigating the Murky Waters of Patent Infringement Damages: Courts Urged to Provide Consistent Guidance


By Manny Caixeiro and Elizabeth Manno (August 6, 2024, 2:29 PM EDT) — One of the most complicated issues in patent litigation is determining the right amount of damages when a patent has been infringed. The damages should reflect the value of the specific patent being infringed — no more and no less. Recent cases show that there is no easy way to isolate an infringed patent’s value, and it would serve all sides well for courts to thoroughly examine expert opinions of this nature and provide consistent guidance for future cases, say Manny Caixeiro and Elizabeth Manno at Venable.