Patent damages in US courts: overview of current state of play

IAM Yearbook 2019, October 2018

Four experts from Analysis Group ­– Managing Principals John Jarosz, Carla Mulhern, and Justin McLean, and Principal Robert Vigil – contributed an article to IAM Yearbook 2019: Building IP value in the 21st century. In “Patent damages in US courts: overview of current state of play,” the consultants explored recent growth trends in patent issuances, volume of litigation, and size of awards. They also covered the impact on venue selection of the Supreme Court's 2017 decision in Heartland, the increasing number of Daubert challenges in IP litigation, and some of the major issues affecting damages calculations. The authors commented on implications of the Supreme Court's 2018 ruling in Western Geco; trends in the use of the entire market value rule vs. the smallest saleable patent-practicing unit; the challenges involved with agreeing on appropriate comparables to employ; and the increasing use of surveys in patent litigation.

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 Jarosz JMcLean J, Mulhern C, Vigil R