Patent Damages

NDCA issues order on early damages disclosure

Posted by Chris Marchese

On March 8, 2013, the NDCA issued an opinion in Eon Corp. IP Holding LLC v. Sensus USA Inc., No. C-12-01011 EMC (EDL) (Doc. No. 657), concerning defendants’ request that plaintiff provide early disclosure of its damages contentions.  One of the court’s first comments is telling:  “Because the question of early damages disclosure in patent cases is a recurring and important one, the Court issues this order to explain its reasoning and guidance to the parties.”  Slip op at 1.