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IP Law360 Article: Signaling A Stricter Damages Standard In Federal Circuit

DALLAS, Texas, April 16, 2010 -- In a recent issue of IP Law360, Baker Botts L.L.P. lawyer Jeff Becker wrote an article that notes how a pattern of cases has developed during the past year that addresses the issue of damages apportionment in patent infringement litigation. The results, he states in his article, seem to signal a stricter evidentiary standard for damages generally and the application of the Entire Market Value Rule in particular.

In April of 2009, Becker notes, Judge Randall Rader of the U.S. Court of Appeals for the Federal Circuit, sitting by designation in the Northern District of New York, slashed a $186 million jury verdict against Hewlett-Packard to $53 million in Cornell University v. Hewlett-Packard Co.

Later in 2009, the Federal Circuit vacated a $358 million jury verdict against Microsoft and remanded the case for a new trial on damages in Lucent Technologies v. Gateway Inc. This March, Judge Rader, sitting by designation in the Eastern District of Texas, continued this pattern by issuing an order striking an expert’s damages report in IP Innovation LLC v. Red Hat Inc.

“These cases indicate that patent plaintiffs now may see an increased need to provide more detailed, and thus more expensive, customer demand evidence in order to prove entitlement to the Entire Market Value Rule,” Becker states.

The complete Law360 article is available here.

Jeff Becker works on a range of intellectual properrty matters, focusing primarily on patent litigation and prosecution. Mr. Becker is familiar with a variety of technologies, including electrical engineering, computer engineering, software and networking.

About Baker Botts L.L.P.
Baker Botts L.L.P., dating from 1840, is a leading international law firm with offices in Abu Dhabi, Austin, Beijing, Dallas, Dubai, Hong Kong, Houston, London, Moscow, New York, Palo Alto, Riyadh and Washington. Baker Botts provides a full range of legal services to international, national and regional clients. For more information, please visit

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