Agreement Reached on Damages Issue in Patent Bill; Improvements Still Needed

April 3, 2009 - Key members of the Senate Committee on the Judiciary reached an agreement on controversial damages language in the Patent Reform Act of 2009, allowing for a "gatekeeper" role for a judge in the calculation of damages by identifying the appropriate legal standards and relevant factual contentions for the jury in patent infringement cases.

MDMA is pleased that the bill no longer includes mandatory apportionment, but will work to clarify that the gatekeeper role should only be applied to the calculation of reasonable royalties and not lost profits.