Many of the most publicized patent infringement suits are based on theories of indirect liability, codified in the Patent Act under 35 U.S.C. ' 271(b) (inducement of infringement) and '
Calculating Reasonable Royalty Damages for Indirect Infringement
In two recent cases decided only three weeks apart, the Federal Circuit gave conflicting pronouncements on the issue of whether trial courts can limit damages as a matter of law to proven instances of direct infringement.
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