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ANALYSIS: Damages, Post-Grant Patent Challenges Are Focus of Revised Senate Patent Reform Bill

March 12, 2010 in Patent Trademark & Copyright Journal · Leave a Comment 

The 105-page substitute amendment released March 4 by Senate Judiciary Committee leaders makes an array of changes throughout the version of the patent reform measure that was approved in April by the committee.
Damages Reform in Revised Bill

The revised legislation retains the gatekeeper approach for determining infringement damages awards (beginning on page 27, line 5).
The bill would effectively replace the three paragraphs of Section 284 of the Patent Act with new provisions on the procedure for determining damages, willful infringement, and so-called “sequencing.”

The procedure for determining damages requires the parties, the judge, and…

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