Supplemental Damages

  • Court May Award Supplemental Damages For Gap Before Verdict Date: “The jury instruction and jury verdict forms should make clear the period for which the jury is supposed to determine damages. If that period ends before the date of the jury verdict, the district court may award supplemental damages in light of that gap period.” Warsaw (Fed. Cir. 03/02/15); Bayer (Fed. Cir. 03/01/21) (aff’g award of pre-verdict supplemental damages based on same royalty rate jury awarded); SynQor (Fed. Cir. 03/13/13) (amount of supplemental damages following jury verdict “is a matter committed to the sound discretion of the district court,” and may or may require new jury trial). See Hologic I (Fed. Cir. 04/22/20) (aff’g supplemental damages award; rev’g determination regarding the relevant date for calculating pre- and post-judgment interest on the supplemental damages award).
  • TIPS:

Patent Defenses is a research tool maintained by Klarquist since 2004. Visit to learn more about us.

©2024 Klarquist Sparkman, LLP. All Rights Reserved. | Privacy Notice | Privacy Policy | Site Map