Document Type

Congressional Testimony

Publication Date

4-30-2009

Abstract

Two types of patent damages reforms have been proposed before the 111th Congress. One would effectively reinforce the existing ability of accused infringers to challenge expert testimony as failing to meet prevailing standards of relevancy and reliability.The other would clarify current standards for patent damages law. In my opinion, both sorts of reforms would potentially play signficant roles in bringing greater predictability to patent damages law, and both deserve further consideration.