Fed. Circ. Micron IP Ruling Raises Damages Disclosure Bar

By Joel Wacek and Brynna Smith (September 22, 2021, 4:31 PM EDT) -- What details of a patent damages claim can be left for expert discovery, and what should be disclosed by a party during fact discovery?

The U.S. Court of Appeals for the Federal Circuit recently weighed in on this topic in its August decision in MLC Intellectual Property LLC v. Micron Technology Inc., which suggests a higher bar than what many practitioners may have previously thought.

The Blurry Line Between Damages Disclosures and Expert Discovery

The details of a party's position on damages are generally reserved for the expert report phase of a patent case. While interrogatory responses on damages topics may...

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