Author Archives: Charles Koole

In this third article relating to patent damages, we explore the effects of implied indemnification provisions when evaluating who is responsible for litigation costs when faced with an infringement suit. The Uniform Commercial Code (UCC) and California Commercial Code provide … Continue reading

Posted in Patent Litigation | Tagged , , , , , , , , , , , , , , , , , | Comments Off on Navigating Patent Damages Part III: Statutory Indemnification – Implied Warranty Against Infringement

Previously, we discussed the implications of the failure to mark defense on damages prior to the filing of a patent case.  In this next article in the series, we examine how allegations of direct and/or indirect infringement, as well as … Continue reading

Posted in Patent Litigation | Tagged , , , , , , , , , , , , , , , , | Comments Off on Navigating Patent Damages Part II: How Infringement Allegations Can Impact or Limit Potential Damages

Navigating damages in patent cases is a complex exercise. In this series, beginning with the marking statute, we explore various nuances of damages analysis. Pursuant to statutory authority, it is well known that a patent holder may recover infringement damages … Continue reading

Posted in Patent Litigation | Tagged , , , , , , , , | Comments Off on Navigating Patent Damages Part I: A Primer on the Failure to Mark Defense