In an article published in Bloomberg Law, William Lee and Stanford Law School Professor of Law Mark Lemley discuss how the recent reversal of the judgement in EcoFactor, Inc. v Google LLC demonstrates promising efforts to address widespread patent award imbalances.
Excerpt: "When damages are apportioned properly, the plaintiff is justly compensated while the infringer pays a fair penalty. When apportionment isn’t applied, the patent holder reaps an unjust windfall, saddles the manufacturer with an inflated financial penalty, and discourages the production of new goods. This combined cost ultimately gets borne by the consumer. In other words, the balance is thrown off."
