IPL v24#2 Winter 06 (rev)
I. Introduction The patent damages trial is over with the exception of one last detail. Pursuant to 35 U.S.C. § 284, the court intends to award prejudgmeen interest. The judge has asked the parties to brief the issue, because both the interest rate and the question of whether to compooun it are within the court’s discrettion This contrasts with Lanham Act violations, for example, where the interest rate is specified in 26 U.S.C § 6621. The ability to engage the court with solid econoomi analysis...