It was another busy term for patent law at the U.S. Supreme Court, as the justices upheld the constitutionality of the America Invents Act review system for challenging the validity of patents but mandated a key change in how it operates, while also expanding the availability of lost profits damages.
“There will be an increased desire to prove lost profits now,” said Leigh Martinson of McCarter & English LLP. “I think people will get creative in how they define what the patented invention is and how it’s driving profitability. People will push that envelope.”