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Compensatory Damages Issues in Patent Infringement Cases: A Pocket Guide for Federal District Court Judges

June 10, 2011 Comments off

Compensatory Damages Issues in Patent Infringement Cases: A Pocket Guide for Federal District Court Judges (PDF)
Source: Federal Judicial Center

Chief Judge Paul R. Michel of the U.S. Court of Appeals for the Fed- eral Circuit asked the members of this committee to come together to develop a guide for trial courts to consult when deciding issues of compensatory damages in patent infringement cases. The goal was to create a guide drafted by a committee, national in scope, with members from the bench, bar, and academia, including in-house counsel from a variety of industries and patent damages experts. The underlying idea was to benefit from the collec- tive experience of judges, attorneys, academics, and economists in how best to achieve the “just, speedy and inexpensive determination” of patent damages. Recognizing that patent damages law is an area that continues to evolve, this guide is not an attempt to restate substantive damages law or predict its future evolution, but is instead focused on case-management practices that may be helpful in the adjudication of patent damages.

The following practices have not been reviewed or endorsed by the U.S. Court of Appeals for the Federal Circuit or any judge of that court, and the chief judge did not participate in the drafting. These practices are not intended to be “official” in any sense. Neither does any particular member of this committee, or the com- pany, law firm, law school, or client that employs that member, or the court on which that member serves, or organization with which that member is affiliated, endorse the application of any particular practice in any particular case. Nor is this guide intended to suggest that current law needs or does not need judicial or legislative revision. Rather, this guide is intended to be a helpful resource for judges and lawyers under current law.

In compiling this guide, we have looked to and drawn from the work of others, including the Federal Judicial Center’s Patent Case Management Judicial Guide, the National Jury Instruction Project, and the local patent rules, standing orders, and general orders of various district courts. Recognizing that “the rich variety of cases and the benefits of the exercise of informed judgment and discretion of district court judges require flexibility,” judges and lawyers who consult this guide will need to supplement and tailor the practices and approaches discussed herein to the circumstances of their particular case.

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