Until 2009, patent litigation and valuations were focused primarily on liability: infringement and validity. But over the last few years, the world has changed and damages for infringement have become an equally important component of patent litigation. A patent holder can win on infringement, win on validity, and still recover nothing if it fails to prove its damages case. Accused infringers therefore have incentive to resist early settlement because they can walk away with an outright win on damages even after losing the liability case.
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The Art of Quantification: Insuring Success in the Damages Phase of Patent Litigation
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