Postjudgment Interest

Postjudgment interest is awarded following any money judgement in a civil trial.

Interest shall be allowed on any money judgment in a civil case recovered in a district court. Execution therefor may be levied by the marshal, in any case where, by the law of the State in which such court is held, execution may be levied for interest on judgments recovered in the courts of the State.

28 U.S.C. 1961 (a).

Postjudgment interest begins and prejudgement interest ends on the date of judgement.

There is a consensus among the regional circuit courts that even when prejudgment interest is awarded, postjudgment interest begins with the date of judgment; clearly, the date of entry of judgment demarcates the boundary between pre- and postjudgment interest. The determination of that date is a matter of general procedural, not patent, law.

Transmatic, Inc. v. Gulton Industries, Inc., 180 F. 3d 1343, 1347 (Fed. Cir. 1999).

Postjudgment interest should be calculated at a rate equal to the weekly average 1-year constant maturity Treasury yield.

Such interest shall be calculated from the date of the entry of the judgment, at a rate equal to the weekly average 1-year constant maturity Treasury yield, as published by the Board of Governors of the Federal Reserve System, for the calendar week preceding the date of the judgment.

28 U.S.C. 1961 (a).

The federal reserve publishes the applicable rate each Monday for the preceding week.

The current rate applicable under these sections is provided by the Federal Reserve and published each Monday for the preceding week (unless that day is a holiday in which case the rate is published on the next business day).

U.S. Courts Website, “Post Judgement Interest Rate,”, Accessed on Oct 11, 2016.

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