Measuring patent damages — and excluding reexam evidence

The Federal Circuit again tightened the criteria for setting damages awards in patent infringement cases. But, in a bit of good news for infringement plaintiffs, it lent further support to the general inclination of district courts to exclude evidence of non-final results of patent reexaminations by the U.S. Patent

Shutterstock_182772785If you've handled a bunch of patent cases without running across the Kessler doctrine, don't feel like the Lone Ranger. Until today, IP wizards like you likely had little cause to know about the patent-claim-killing rule that sprang more than a century ago from Kessler v. Eldred, 206 U.S. 285 (1907). Be warned. It's