Perspective
Feb. 24, 2012
Toward streamlined patent litigation: Is early disclosure of damages the answer?
Upfront disclosure of damages could be helpful, but execution must be carefully planned. By Andrei Iancu, Elizabeth Iglesias and Jason Sullivan of Irell & Manella LLP
At the September 2011 Eastern District of Texas Judicial Conference, Chief Judge Randall Rader of the U.S. Court of Appeals for the Federal Circuit gave a speech on the "state of patent litigation." Judge Rader set forth several proposals for improving patent litigation. Among them, he suggested that litigants in patent cases be required to disclose their damages models early on in the case, such as at...
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