Modern Infringement Practice and Infringement Avoidance

Patent litigation often is considered to be the riskiest variety of litigation. Damages can run into the millions, and litigation can take years because of the complexity of many technical inventions. Moreover, there is always the chance that a judge or jury will not fully understand the complex scientific evidence that often forms the basis of the case. Damages can run into the millions. For example, the largest judgment awarded nationwide in 1999 in a patent infringement case was nearly $170 million in damages for infringement of a patent on heat-shrinkable films used for packaged meat and poultry. To this sum, the judge added $20 million for willful infringement, $5.5 million for supplemental ...

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