Milbank partner David Gindler recently commented in an article, “Biggest Patent Verdicts Fall To Fed. Circ.’s Ever-Moving Target,” published by Law360. Mr. Gindler is a partner in Milbank’s Los Angeles office and head of the firm’s Intellectual Property Litigation and Licensing Group.
Discussing the vulnerability of large patent verdicts at the Federal Circuit, often resulting in a significantly lower award than what the jury decided, Mr. Gindler said: “Other circuits typically have a fundamentally different approach to damages.” He continued: “And by fundamentally different, the Federal Circuit is, in my view, very proactive in creating rules for damages in patent cases in a way that other courts do not create rules for damages in other cases.” The article examines some of the largest patent verdicts of the past decade and the Federal Circuit’s role in determining what plaintiffs ended up taking home in damages.
Mr. Gindler’s practice focuses on intellectual property litigation and licensing, with an emphasis on complex patent litigation. While nationally recognized by Chambers USA for his expertise in life sciences matters, Mr. Gindler’s work spans a broad array of industries and technologies. He has achieved extraordinary trial outcomes for both plaintiffs and defendants, including a $302 million verdict for breach of a research and license agreement, as well as defeating a $217 million damages claim where liability had already been established in an earlier trial handled by a different law firm.
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