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CAFC: Jury's $360 M Damages Award Against Microsoft, In Favor of Lucent, Not Supported by Evidence

By Mark Walters

In a decision affirming the jury's finding of Microsoft's liability for infringement of Lucent's U.S. Patent No. 4,763,356, the Court of Appeals for the Federal Circuit ("CAFC") reversed and remanded the damages award, which the jury had calculated to the penny, in the amount of $357,693,056.18. This decision represents a rejection of the the "entire market value" approach to patent damages,

Full post as published by Washington State Patent Law Blog on September 11, 2009 (boomark / email).