Friday, August 28, 2009

Judge Robinson: "Bifurcation is Appropriate, If Not Necessary, in All But Exceptional Patent Cases"

In bifurcating damages and willfulness from infringement and validity, the court explained: "Bifurcation is appropriate, if not necessary, in all but exceptional patent cases. . . . [I]n my experience, discovery disputes related to document production on damages and the Daubert motion practice related to damages experts are a drain on scarce judicial resources. . . . I have concluded that bifurcation promotes the just and efficient resolution of what damages, if any, should be awarded by: (1) giving the parties -- those with the most expertise in the market -- the first opportunity to translate [the] decision on liability into practical commercial consequences; or (if the parties cannot resolve the matter) (2) giving the damages jury a focused dispute to resolve."

StreamServe AB v. Exstream Software LLC et al., 1-08-cv-00343
(DED August 26, 2009, Memorandum & Order) (Robinson, J.)

This ruling, with a free link to the actual signed order, was reported in today's Docket Report. If you are a patent litigation practitioner, you can request a free 2-week trial of the Docket Report by sending an email to
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