“Post Judgment Royalties”

Partner Julianne M. Hartzell moderated a panel titled “Post Judgment Royalties” during the Damages & Injunctions Committee Conference on May 27, 2015, in Washington, DC. Since the U.S. Supreme Court's decisions in eBay, determination of post-judgment royalties has become a bigger concern among patent litigants for cases not using a lump sum royalty. And, district courts have wide discretion on this issue. The panel explored the timing of when courts are deciding post-judgment royalties; the procedures that are being used; as well as substantive considerations made for determining the amount of such royalties.