Expert Witness Blog
The Senate version of the Patent Reform Act (S1145) was taken off the schedule in April 2008, meaning it will not be considered by the full Senate any time in the near future. Patents expert witness Daryl Martin’s company website Consor writes:
The bill has been delayed because of the controversies surrounding specific provisions. Those are the provisions dealing with a limit on damages remedies in patent infringement, where the limit on damages would be established as the net contribution over and above the portion attributable to the prior art or other technology or patents contained in a product – in other words, instead of being able to award damages based on the total value of a product (an entire cell phone, for example), damages would be based only on the improvement or incremental contribution made by the specific patent being infringed.