[Panel 1] WG9 Commentary on Case Management of Patent Damages and Remedies Issues

The efforts of Working Group 9 initially culminated in a single draft white paper, entitled, Commentary on Patent Damages and Remedies, that spanned several topics. That initial paper was submitted for feedback and comments and was revised to reflect the advanced thinking that resulted from the public community dialogue. After this process, WG9 divided the original paper into two separate papers. The first paper, entitled Commentary on Reasonable Royalty Determinations, has been published and addresses the history of the reasonable royalty and discusses principles and best practices to be considered in evaluating reasonable royalty damages. The second paper, entitled, Case Management of Patent Damages and Remedies Issues is intended to address damages and remedies issues as they arise in the various stages of litigation. The goal of this panel is to explore proposed principles and best practices from this second paper’s drafting team’s efforts, including injunctive relief, ongoing royalties, the interface between damages and technical experts, and other key issues.