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Proven Infringement, Zero Recovery: Federal Circuit Once Again Cancels a Jury Verdict for the Patentee
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Proven Infringement, Zero Recovery: Federal Circuit Once Again Cancels a Jury Verdict for the Patentee
In Rex Medical, L.P. v. Intuitive Surgical, Inc., No. 2024-1072 (Fed. Cir. Oct. 2, 2025), we find yet another decision involving the Federal Circuit overturning a jury's damages verdict. A jury had awarded $10 million for the infringement that was reduced to nominal damages of $1. Key holdings: Nominal damages are proper - The Patent Act sets a "reasonable royalty" damages floor, but only if there is an evidentiary basis. Comparable-license ap…
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