Measuring patent damages by the market value of inventions - the Grain Processing, Rite-Hite and Aro rules

Article Abstract:

Grain Processing Corp. v. American Maize-Products Co., the 1999 Federal Circuit ruling for measuring patent infringement damages is discussed. This rule means that a particular invention's market value or that of the next most valuable available substitute technology accounts for some or all of the patent owner's lost profits. This rule brings patent damages in line with patent policy and economic reality.

Valuation, Damages, Damages (Law)

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Collateral estoppel as applied to the construction of patent claims

Article Abstract:

The doctrine governing the preclusive effect given to a district court's claim construction ruling is discussed. The focus is on the collateral estoppel doctrine's applicability to claim construction, and relevant Federal Circuit precedent and dictum in the Supreme Courts's Markman v. Westview Instruments, Inc., are considered.

Laws, regulations and rules, Estoppel

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Another estoppel: acquiescence in prosecution may cause patent forfeiture in litigation

Article Abstract:

The way for patent attorneys to ensure a claim of priority for a patent is analyzed, and this entails watching for new matter final rejections. The attorney should be ready to appeal to the Board of Patent Appeals and Interferences and even the Federal Circuit if this rejection is improper.

United States. Board of Patent Appeals and Interferences

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