2013Journal of Intellectual Property Law & PracticeRequires access

Patentees cannot claim patent infringement damages for a patent which is later revoked

Eve Tuck

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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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What this paper is about

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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Available 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.

Key concepts: Damages, Patent infringement, Supreme court, Patent law, Res judicata, Law, Patent troll, Law and economics

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