Patent Damages After Lucent v. Gateway and Cornell v. HP
Strategies for Establishing or Disproving Infringement Damages
Recording of a 90-minute CLE webinar/teleconference with Q&A
Conducted on Wednesday, February 3, 2010
Recorded event now available
This CLE webinar will review how the Lucent and Cornell decisions impact patent damages law, discuss what the decisions mean for patent holders and defendants, and outline strategies for proving or rebutting patent infringement damages.
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
- Damages case law — current trends
- Current state of the law
- Lucent v. Gateway (Fed. Cir. Sept. 2009) — Chief Judge Michel
- Cornell Univ. v. Hewlett-Packard (N.D.N.Y. March 2009) — Judge Rader
- Impact of Lucent and Cornell
- What these decisions mean for patent holders and patent defendants
- Calculating damages
- Apportionment
- EMVR
- 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?
Faculty
Richard Cauley,
Partner
Wang Hartmann Gibbs & Cauley, Mountain View, CA
He is an experienced trial attorney, specializing in complex intellectual property and antitrust matters and has particular expertise in matters requiring economic and financial analysis. He recently authored Winning the Patent Damages Case, A Litigator's Guide to Economic Models and Other Damage Strategies.
John M. Skenyon,
Principal
Fish & Richardson, Boston
He specializes in patent litigation and has been lead counsel in over 90 IP lawsuits. He has obtained one of the largest patent jury verdicts ever awarded in Massachusetts and has successfully defended clients from damages claims totaling hundreds of millions of dollars. He co-authored a book entitled "Patent Damages Law & Practice.".
Elizabeth A. Alquist,
Partner
Day Pitney, Hartford, CT
She is a trial attorney who represents a broad range of business clients in patent, trade secret, noncompetition, trademark, copyright, and Internet-related disputes, including ICANN proceedings. She co-chairs the firm's Intellectual Property Department.
Ordering
Online CLE - Audio Recording
Includes audio streaming of full program plus handouts (available 24 hours after live seminar).
CLE:
Pre-approved for participatory or non-traditional/alternate format credit in: CA, HI*, NY*, WV*.
Pre-approved for self-study credit in: AK, AZ, MO, MT, TX, VT, WA.
Upon request, also available in: CO, CT*, FL, GA, ID, KY, LA*, ME, NC, ND, NE, NH, NM, NV, OR*, SC, TN, UT, WI*, WY. If you are applying for credit in one of these states, make sure to select those states when placing your order.
(*Indicates that Strafford must report attendance.)
Online CLE Audio $297.00
Available 24 hours after the live event
Recorded Event
Includes full event recording plus handouts (available after live seminar).
CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, HI, MO, MT, NY, TX, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, GA, ID, KY, ME, ND, NE, NH, NM, NV, OR, UT, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com.
Webinar Download (Slide Presentation with Audio) $297.00
Available three business days after the live event
DVD (Slide Presentation with Audio) $297.00
plus $9.45 S&H
Available ten business days after the live event
MP3 Download (Audio with Slide PDFs) $297.00
Available 24 hours after the live event
CD (Audio with Slide PDFs) $297.00
plus $9.45 S&H
Available ten business days after the live event
Webinar/Teleconference
Strafford webinars/teleconferences offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program). Please note that our webinars do not feature videos of the presenters.
Program Materials
Requires Adobe Reader 8 or later. Download Acrobat FREE.
Program Materials
Requires Adobe Reader 8 or later. Download Acrobat FREE.
CLE Credit
Strafford's live seminars qualify for CLE in every state that accredits webinars. They offer you a high quality, cost effective, and convenient CLE option, with no lost travel time or expenses.
Customer Reviews
Cutting edge information from people who are in the field.
John McGowan
Donahue Tucker & Ciandella
I liked the different speaker perspectives.
Gina Fama
Standard Chartered Bank
Excellent topics, discussed very well.
McClure King
Dearborn National
The speaker's practical discussions were particularly helpful.
Kenneth J. Clarkson
Sullivan, Ward, Asher & Patton
The program was very to the point — no fluff.
Brian McNamara
Wright Lindsey & Jennings
Intellectual Property Law Advisory Board
Shareholder
Winthrop & Weinstine
Partner
Fulbright & Jaworski
Partner
Winston & Strawn
Partner
Antonelli Terry Stout & Kraus
Partner
Stroock & Stroock & Lavan
Partner
Mayer Brown
Partner
Duane Morris
Partner
Reed Smith
Partner
Gibson Dunn & Crutcher
Partner
Holland + Knight
Partner
McDermott Will & Emery
Partner
Orrick
Our Guarantee
Strafford webinars and teleconferences are backed by our 100% Unconditional Money-Back Guarantee: if you are not satisfied with any of our products, simply let us know and get a full refund. For more information regarding complaints and refunds, please contact us at 1-800-926-7926 ext 10.