Compensatory Damages Issues In Patent Infringement Cases: A Handbook For Federal District Court Judges

Chief Judge Paul R. Michel of the U.S. Court of Appeals for the Federal Circuit asked the members of this project to develop a handbook for trial courts to consult when deciding issues of compensatory damages in patent infringement cases. The goal was to create a handbook, 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 handbook covers patent damages in general, including statutory provisions and forms of compensatory patent damages; pleadings and mandatory initial disclosures, discovery, summary judgment motions, pre-trial case management, trial and post-trial issues.

“The goal was to create a handbook 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 introduction says. “The underlying idea was to benefit from the collective 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 handbook is not an attempt to restate substantive damages law or predict its future evolution but is instead focused on procedural practices that may be helpful in the adjudication of patent damages.”

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