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September 15, 2025

New Article Explores Challenges in Patent Infringement Damages

Emerging Challenges in Establishing Patent Infringement Damages
By Robert A. Matthews, Jr. and Krista F. Holt

Courts are applying greater scrutiny to how damages are calculated in patent infringement cases, making it more important than ever for litigators and experts to stay up to date. In their article, Robert A. Matthews, Jr. and Krista Holt break down the evolving legal standards, highlight recent case law, and offer practical insights for navigating Daubert challenges and patent damages analysis.

Key topics include:
• Tying damages opinions to case facts
• Apportionment and comparability of licenses
• The role of settlement agreements
• Temporal considerations for the hypothetical negotiation
• Foreign sales and causation
• Damages contentions and third-party litigation funders

Read the full article for a detailed look at these developments and their impact on patent litigation:
Emerging Challenges in Establishing Patent Infringement Damages

Services: Damages, Intellectual Property
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