Patentees cannot claim patent infringement damages for a patent which is later revoked
Eve Tuck
Abstract
Eve Tuck
Abstract
Having considered the application of res judicata in patent infringement actions, the Supreme Court has overturned a line of case law which established the Unilin principle, such that former patentees can no longer obtain damages in respect of a patent which is later revoked.
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Having considered the application of res judicata in patent infringement actions, the Supreme Court has overturned a line of case law which established the Unilin principle, such that former patentees can no longer obtain damages in respect of a patent which is later revoked.
Key concepts: Damages, Patent infringement, Supreme court, Patent law, Res judicata, Law, Patent troll, Law and economics