The Art of Quantification

Insuring Success in the Damages Phase of Patent Litigation

December 18, 2012

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.

Reprinted with permission from ExecSense, Copyright ©2012.

The articles on our website include some of the publications and papers authored by our attorneys, both before and after they joined our firm. The content of these articles should not be taken as legal advice. The views and opinions expressed in this article are those of the author(s) and do not necessarily reflect the views or official position of Robins Kaplan LLP.


William H. Manning

Back to Top