les Nouvelles - December 2013


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Recent U.S. Court Decisions And Developments Affecting Licensing

John Paul

Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

Brian Kacedon

Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

Calico Brand, Inc. v. Ameritek Imports, Inc.
Failure to Establish that Lost Sales Were a Direct Result of the Infringing Product Precludes Recovery of Lost Profits.

To recover damages for lost profits, a patent owner must show causation in fact, establishing that, but for the infringement, the patent owner would have made additional profits. The patent owner typically seeks to prove causation in fact using the four Panduit factors:

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