Delaware Patent Litigation Report : Delaware Intellectual Property Lawyer & Attorney : Morris James Law Firm : Delaware Patent Litigation Report

With 89 patent cases pending before this judge, the court notes that limited damages discovery may be appropriate for settlement and the issue of commercial success, but discovery disputes and Daubert motion practice relating to damages are a drain on scarce judicial resources.  The juries are similarly burdened.  Bifurcation of damages has the advantage of (1) allowing the parties the first opportunity to translate the final legal decision into commercial consequences, or (2) giving a subsequent damages jury a focused dispute to resolve.  Without bifurcation, the time to reach trial on the merits is extended.  The Court further rejects the argument that plaintiff is entitled to the same jury on infringement and willfulness, citing Voda v. Cordis.  The Court notes the willfulness case requires qualitative and quantitative differences in proof from the infringement case, and points out that willfulness is of no moment until the court chooses to increase damages by reason of willfulness.  Willfulness is an intrusive and inflammatory issue to discover and try and the court queries whether the right to a jury trial is so broad as to trump a court’s right to manage its caseload.