Patent Damages After Lucent v. Gateway and Cornell v. HP

Description

The Federal Circuit Court of Appeals is not waiting for Congress to initiate patent reform. In two recent decisions, Federal Circuit judges in Lucent v. Gateway and in Cornell v. HP discuss what is needed to establish damages for patent infringement.

In Lucent, the judge raised the standard for patent damages and calls for courts to require specific proof of reasonable royalty. In Cornell, the judge limited a patent holder’s ability to recover royalty on the entire product value when the patent applied only to an element of the product.

Patent holders and defendants must understand the proper analysis for estimating potential infringement damages and what the courts require to establish damages.

Listen as our authoritative panel of IP attorneys examines the Lucent and Cornell decisions, their impact on patent damages law, and what the outcomes mean for patent holders and defendants. The panel will offer best practices for establishing and disproving infringement damages.

Outline

1. Damages case law — current trends
   1. Current state of the law
   2. Lucent v. Gateway (Fed. Cir. Sept. 2009) — Chief Judge Michel
   3. Cornell Univ. v. Hewlett-Packard (N.D.N.Y. March 2009) — Judge Rader
   4. Impact of Lucent and Cornell
   5. What these decisions mean for patent holders and patent defendants
2. Calculating damages
   1. Apportionment
   2. EMVR
3. Best practices for establishing or disproving infringement damages

Benefits

The panel will review these and other key questions:

• What mandatory conditions must be met for applying the entire market value rule?
• What guidance do the Lucent and Cornell decisions offer for proving patent damages and encouraging patent reform?
• What steps should patent holders take to ensure proof of patent infringement damages?

Webinar/Teleconference

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CLE Credit

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