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Compensatory Damages Issues in Patent Infringement Cases: A Pocket Guide for Federal District Court Judges

机译:专利侵权案件中的补偿性赔偿问题:联邦地区法院法官的袖珍指南

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Chief Judge Paul R. Michel of the U.S. Court of Appeals for the Federal Circuit asked the members of this committee to come together to develop a guide for trial courts to consult when deciding issues of compensatory damages in patent infringement cases. The goal was to create a guide 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 guide is not an attempt to restate substantive damages law or predict its future evolution, but is instead focused on case-management practices that may be helpful in the adjudication of patent damages. The following practices have not been reviewed or endorsed by the U.S. Court of Appeals for the Federal Circuit or any judge of that court, and the chief judge did not participate in the drafting. These practices are not intended to be official in any sense. Neither 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 guide intended to suggest that current law needs or does not need judicial or legislative revision. Rather, this guide is intended to be a helpful resource for judges and lawyers under current law.

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