Hunton Andrews Kurth LLP
  May 15, 2014 - Virginia

2013 Patent Damages Year In Review
  by Maya M. Eckstein, Michael A. Oakes,Bradley W. Grout, Bradley T. Lennie, and Daniel G. Vivarelli, Jr.

One of the fastest-changing areas of patent law is the means by which damages are established for patent infringement. Amid calls for patent damages reform to rein in perceived outsized damages awards, courts appear to be tackling the issue head on, demanding increased rigor in the analyses employed by damages experts, and in many cases requiring stringent economic analyses more typically seen only in antitrust cases. In turn, litigants, and defendants in particular, are beginning to see damages issues as primary drivers of patent cases, often leading to case dispositive motions. Instead of bifurcating damages to be considered only after liability is established, some parties have even agreed to address damages at the outset, before infringement or invalidity is ever considered by the court. Seizing upon this trend, the Eastern District of Texas recently unveiled a new case management program (the Track B Initial Patent Case Management Order), which parties can either opt into or the court can implement sua sponte. Under this program, designed to increase efficiencies in patent cases, the patent holder must disclose its licenses, settlement agreements and damages theory, and the defendant must disclose sales and revenue data, in the initial disclosure phase of the case. 

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2013 Patent Damages Year In Review

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