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Quick-Fire Briefing: Comparing Europe's Emerging Damages Framework With Established U.S. Practice
European patent litigation frameworks have traditionally prioritised injunctive relief over expansive damages frameworks; however, new judicial thinking is emerging around additional mechanisms for tackling wrongful enforcement, including the potential for deterrence-oriented damages. This quick-fire briefing will examine emerging patent damages frameworks in Europe, grounding the discussion in a comparative assessment of U.S. practice, where liability and damages are assessed concurrently and supported by economic expert analysis.