In recent years, the Federal Circuit has made an effort to rein in excessive or unfounded patent damages awards. In Uniloc v. Microsoft, the Federal Circuit granted a motion for retrial on the issue of damages, rejecting the validity of plaintiff’s damages expert testimony. This note advocates a broad reading of Uniloc and encourages trial courts to take a greater role in providing juries with sound methodology for assessing damages. Specifically, this article encourages the use of court-appointed damages experts to restore predictability in the U.S. patent system.
Gatekeeping Post-Uniloc: Expert Testimony in Multi-Component Patent Litigation,
9 Hastings Bus L.J. 539
Available at: https://repository.uchastings.edu/hastings_business_law_journal/vol9/iss3/6