I'm writing on Eastern District of Texas procedure with respect to patent damages again. Intellectual Property Magazine invited me to write an analysis of the new Eastern District "Track B" procedure, and it appears in this month's issue. As it's not yet available online I have attached a copy. Download 051_052_IPM_April_2014_Feat
While the article covers the basic contours of the new provision, whether it's a good choice for a particular client is a decision that's very case-specific I've found so far in practice. I have agreed to the provision already on behalf of a defendant, and will relay how that turned out in a future post.