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Expert Analysis

When Jury's Verdict Is Not The End Of Patent Damages Case

Law360, New York ( September 17, 2013, 7:26 PM EDT) -- When a jury returns its verdict, everyone involved, from the lawyers to the clients to the court, has invested so many hours in the case that judges are loathe to disturb a jury verdict in any respect. It is therefore uncommon for a judge to uphold a jury's findings on liability issues (which in patent cases with damage awards includes infringement and validity determinations in favor of a patentee) while rejecting the jury's treatment of the damages issues. When it happens, though, it is noteworthy, if only as an example of a judge exercising the court's gatekeeper function with respect to damages....

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