Contributed By Gilat, Bareket & Co., Reinhold Cohn Group
Infringement and validity (in an infringement litigation) arguments are heard before the same court. In terms of procedure, the issue of damages is bifurcated, where at the first stage the court addresses issues of validity and infringement, with the judgment at this stage addressing the grant of an injunction and usually an order for accounting. At the second stage – the bifurcated damages proceedings – the parties conduct a trial over accounting and calculation of damages. The parties usually settle the dispute during this proceeding and do not conduct it in its entirety.