Calculating damages for patent infringement can be a complicated process for courts to determine, as the determination of damages often reflects many factors, including the value of the patented and infringed technology, as well as the contributions of unpatented or conventional technologies. Damages for patent infringement can present challenges for litigants, counsel and experts alike. To complicate matters, courts often apply different doctrines to tailor the amount of damages to the value of the patented technology. The following article highlights some recent decisions in both the Supreme Court and the Federal Circuit involving damages for patented technologies, and the real-world impact of how these decisions can affect the calculation of patent damages for the foreseeable future.

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