Clarity at Long Last: Post-Verdict Compensatory Patent Infringement Damages

In contemporary patent infringement litigation, the parties usually turn to the jury to determine liability and damages. Section 284 of the Patent Act provides, however, that “[w]hen the damages are not found by a jury, the court shall assess them.” 35 U.S.C. §284. Thus, while the jury may be charged with awarding damages for pre-verdict infringement, the court will generally be responsible for addressing claims for post-verdict relief. (The obvious exception is when a party—typically the defendant—urges, and the jury explicitly awards, a fully paid-up lump sum. See, e.g., Prism Techs. LLC v. Sprint Spectrum L.P., 849 F.3d ...