Brooks Pierce partner Darrell Fruth recently spoke with the Triangle Business Journal on the implications of an upcoming Supreme Court decision on patent protection.
The article, titled “Patent protection hinges on Supreme Court ruling,” discusses how businesses in the Triangle might be affected if the Supreme Court strikes down an existing Federal Circuit test to determine if a victim of patent infringement can be awarded triple damages. Fruth says that, without the test, inventors could face more uncertainty when trying to protect their patents.
“Right now, we know what the rules are,” says Darrell Fruth, a patent attorney at Brooks Pierce in Raleigh. “If the Supreme Court says the Federal Circuit went too far, it would be up to individual courts to determine whether treble damages apply and that clarity goes away.”
Subscribers to the Triangle Business Journal can read the full article here.