Mobilmedia Ideas LLC v. Apple Inc., No. 10-258-SLR (D. Del. Apr. 2, 2013).
As evidenced in Mobilmedia Ideas, Judge Sue Robinson of the District of Delaware clearly intends to stick with her practice of bifurcating damages, at least until the Federal Circuit decides liability issues. The Federal Circuit’s recent decision to consider bifurcation en banc in Robert Bosch LLC v. Pylon Manufacturing Corp., 480 Fed. Appx. 997 (Fed Cir. 2012) may settle the issue.
The district court refused Plaintiff’s request for discovery on damages as soon as possible after rulings on post-trial motions by saying, “The court is not inclined to change its standard practice of bifurcating damages until the issue of liability has been decided by the Federal Circuit, until such time (if ever) the Federal Circuit requires the court to abandon said practice.” Slip op. id. at 1.