Michael Woods made several points regarding my comments on PricewaterhouseCooper’s study of patent litigation (See my post of Dec. 31, 2006).
First, wrote Woods, “although 53% of the cases result in damage awards, according to the study, the study does not count injunctions, summary judgments, and motions to dismiss. The ‘success’ of a plaintiff in achieving an injunction can sometimes be far more valuable than damages.” For a plaintiff, injunctive relief may be as much a success, or a different kind of success, than damages. Point well taken.
Second, Woods notes that as to the 70 percent of the patent cases that were overturned, adjusted, or remanded, in some of them damage awards might have been increased. That an appellate court could add to an award of damages was a possibility new to me. Thanks, Michael.