Hersh Desai, partner at Chitnis Desai, said the ruling could encourage patent holders to settle cases earlier. He said companies will now have to consider the risk that even an expired patent might later be cancelled, which could weaken or wipe out their claims for damages. He said, “Patent plaintiffs pressing damages/ accounts will have to factor in that an adverse revocation order can retrospectively undercut their monetary claims. This may push them towards earlier settlements, narrower pleadings, or more conservative damages theories.”
