Journal Article

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

Emma K. Tuck

in Journal of Intellectual Property Law & Practice

Volume 8, issue 11, pages 806-807
Published in print November 2013 | ISSN: 1747-1532
Published online November 2013 | e-ISSN: 1747-1540 | DOI: http://dx.doi.org/10.1093/jiplp/jpt166
Patentees cannot claim patent infringement damages for a patent which is later revoked

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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.

Journal Article.  1032 words. 

Subjects: Arbitration ; Intellectual Property Law

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