Law360 Quotes Prof. Tom Cotter on Court's Decision to Rehear Patent Damages Appeal En Banc 

A September 26, 2024 Law360 article titled Full Fed. Circ. Looks To Clarify Damages In Google Case discusses the Federal Circuit's decision earlier this week to rehear en banc whether the lower court properly admitted testimony from the plaintiff's damages expert concerning three assertedly comparable patent licenses.  The article quotes Professor Tom Cotter, who notes among other things that finding a truly comparable license with which to estimate the patent owner's damages is difficult, because litigation often involves only one or two patents, while the comparable licenses the expert relies upon may cover a much larger portfolio of patents.  "The question then is whether the damages should be apportioned to apply only to the part of the contract covering exactly what's at issue."