An Important Approach To Early Patentee Damages Disclosure

Law360, New York (March 27, 2013, 1:04 PM EDT) -- Damages are at the heart of almost every patent case. But damages issues, even in important cases like Apple v. Motorola, are often dealt with very late in the case. As in, immediately before trial. There is no doubt that patent cases present many complex issues for both litigants and the bench. Damages are just one of those issues, yet there is an increasing awareness that something is lost by shuffling damages issues off into the late stages of a case. And the patent-litigation-savvy Northern District of California seems to be at the forefront in formulating a process for early disclosure of damages theories by patentees. The reasoning behind this approach is laid out very well in a short, but considered, opinion by Magistrate Judge Elizabeth Laporte that was recently handed down....

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