Patent Damages
5Oct/10Off

Take a look at the "Patent Damages Handbook" — a procedural handbook for district court judges prepared at the request of CAFC Judge Paul R. Michel

Here's a link to the Handbook:  http://www.nationaljuryinstructions.org/documents/DamagesHandbookFinal.pdf.  The Handbook instructs federal trial judge on procedures for handling damages claims and provides an overview of substantive damages law.  This web page (http://www.nationaljuryinstructions.org/damages) describes the Handbook as follows:

"Following completion of the National Patent Jury Instructions, Chief Judge Paul R. Michel of the United States Court of Appeals for the Federal Circuit asked the members of this Project to come together 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 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 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.

"The following procedural practices have not been reviewed or endorsed by the United States Court of Appeals for the Federal Circuit, or by any judge of that court. The Chief Judge did not participate in the drafting, although two district judges did actively participate. These practices are not intended to be “official” in any sense. Nor does any particular member of this Committee, or the company, law firm, law school, or client that employs that member, or the court on which that member serves, or organization with which that member is affiliated, endorse the application of any particular practice in any particular case. Nor is this handbook intended to suggest that current law needs or does not need judicial or legislative revision. Rather, this benchbook is intended to be a helpful resource for judges and lawyers under current law."

We'd be interested in hearing any feedback on the Handbook.  Does it adequately prepare judges on the procedures for handling patent damages?  Are there changes or additional you would suggest?  

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