It's in the field of copyright rather than patents, but the Righthaven suits suggest some form of precedent in this area.
But that's kind of a sideshow - I believe the real issue being pointed at is if the defendant chooses to argue that a patent is invalid, and succeeds, then the only award they get is the now-invalidated patent.
But that's kind of a sideshow - I believe the real issue being pointed at is if the defendant chooses to argue that a patent is invalid, and succeeds, then the only award they get is the now-invalidated patent.