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Damages in patent reform

This article was originally published in The Gray Sheet

Executive Summary

Legislative reforms addressing how damages are awarded in patent infringement litigation is unnecessary based on a review of jury verdicts in 93 court cases between 2005 and 2007, says the device industry-backed Innovation Alliance. The Feb. 13 1report argues that guidelines currently used to calculate damages work well, and judges effectively review verdicts for appropriateness. The device industry is opposed to a so-called "apportionment provision" that passed in House patent reform bill H.R. 1908 last fall, which it fears could limit damages unfairly. According to AdvaMed CEO Steve Ubl, the Senate's discussion on the apportionment provision in companion bill S. 1145 is fluid (2"The Gray Sheet" Feb. 4, 2008, p. 18). Reports are that the Senate is now unlikely to take up the bill before late March

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