The Patent Trial and Appeal Board has decided on remand that a Taiwanese company should never have been granted a patent covering a type of pump used for inflatable air mattresses, potentially sinking the company's patent litigation campaign in Texas against retailers like Target, Amazon and Bed Bath & Beyond.
A question that arises with some frequency in modern patent infringement cases is: Can pre-suit damages be recovered for a time period when the patentee (and any licensee) was in.