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Another fine instructional video by John Ferrell. I like the way he gave us a little lesson on the genericness doctrine of trademark law in the middle of his lecture on patent damages! Ed Radlo
Hi John, 1. Is it true that Damages and enhanced Damages awarded by the court only occurs at the end of a trial - with 2 years+ being the minimum length of a case (and 97% of cases don't get to trial) 2. If 1 is true then any damages before trial (after 3, 6, 15, 20 months for example) would be part of a settlement between Defendant and Plantif - with the Damages amount assessed by a Damages expert/s? 3. Does a Judge play any part in Damages assessment pre trial in a settlement?
Hi AP, thank you for your your questions. I will answer each separately. 1. Yes. Damages are awarded at the end of trial, and your statistic is correct that approximately 97% of all patent cases settle before going to trial. Start to finish can take to 2 to 3 years depending on the jurisdiction.
2. Damages start up to 6 years before the lawsuit and accumulate so long as the infringement continues. Judges in patent cases generally rely on damages experts to advise them on how much in damages should be paid.
3. If the case has not settled in the first 6 to 9 months (many do) then the judge will almost always order a mandatory settlement conference to see if a pre-trial agreement can be reached. This may include a mediator (a former judge or experienced attorney) to meet with both sides and help them reach agreement on settlement. These mediations can be very helpful in bringing the case to a close.
Speak With an Attorney: call 650 - 812 - 3408 or email info@carrferrell.com
Send an email to johnferrellesq.news@carrferrell.com to subscribe to our newsletter!
Another fine instructional video by John Ferrell. I like the way he gave us a little lesson on the genericness doctrine of trademark law in the middle of his lecture on patent damages! Ed Radlo
@Ed Radlo, Thank you. You are best! -john
shared with my friend. thanks
Thank you! -j
you are very talented
Thank you! -j
amazing content .thanks
Thank you! -j
brilliant
Thank you! -j
liked and subscribed for the next videos
Thank you! -j
Hi John,
1. Is it true that Damages and enhanced Damages awarded by the court only occurs at the end of a trial - with 2 years+ being the minimum length of a case (and 97% of cases don't get to trial)
2. If 1 is true then any damages before trial (after 3, 6, 15, 20 months for example) would be part of a settlement between Defendant and Plantif - with the Damages amount assessed by a Damages expert/s?
3. Does a Judge play any part in Damages assessment pre trial in a settlement?
Hi AP, thank you for your your questions. I will answer each separately.
1. Yes. Damages are awarded at the end of trial, and your statistic is correct that approximately 97% of all patent cases settle before going to trial. Start to finish can take to 2 to 3 years depending on the jurisdiction.
2. Damages start up to 6 years before the lawsuit and accumulate so long as the infringement continues. Judges in patent cases generally rely on damages experts to advise them on how much in damages should be paid.
3. If the case has not settled in the first 6 to 9 months (many do) then the judge will almost always order a mandatory settlement conference to see if a pre-trial agreement can be reached. This may include a mediator (a former judge or experienced attorney) to meet with both sides and help them reach agreement on settlement. These mediations can be very helpful in bringing the case to a close.
@@johnferrellesq. Cheers, John. I'll take #3!
John, thanks for all the informative videos regarding patents! Yes, a video on patent litigation would be useful.
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