Monday, March 26, 2012

Trivial and nontrivial damage awards

On March 16, 2012, following a preliminary conference, Judge Posner expressed concern about whether plaintiffs would be entitled to "nontrivial damages" in Brandeis University et al v. Nestle USA, Inc. and ordered an early briefing where the parties were to assume a number of facts that will likely be disputed. Nevertheless, it’s a great question and one that every party should consider seriously at the inception of litigation or before. Since the beginning of 2008, the Northern District of Illinois has issued damage awards in patent cases ranging from a trivial $8,074 to a nontrivial $23 Million. See the list here. (To see damage awards from other courts click the pencil icon next to “District Court: Illinois Northern District” in the “Search Criteria” box at top of the search results page.)

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