Federal Circuit and Supreme Court Decisions Broaden Patent Damages to Include Foreign Sales Amid Evolving Litigation Standards
Recent rulings and evidentiary rule changes are reshaping patent damages strategies, emphasizing extraterritorial recovery and expert testimony scrutiny
Recent developments in patent damages law, including pivotal decisions by the U.S. Supreme Court and Federal Circuit, have clarified that damages based on foreign sales may be recoverable when domestic infringement is the proximate cause. Concurrently, amendments to Federal Rule of Evidence 702 heighten the admissibil…