Australian patent litigation - Awards of additional damages for patent

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This article reviews a recent decision in which the issue of award of additional damages for patent infringement has been considered for the first time by the Federal Court of Australia. In the decision, such factors as success in defence of invalidity, and evidence of copying are considered.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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