Apportioning Patent Damages: Analysis, Calculations for Multi-Component Products, Impact of Claim Scope

Implications of Apportionment for Patent Drafting, Licensing and Enforcement

A live 90-minute CLE webinar with interactive Q&A


Thursday, December 6, 2018

1:00pm-2:30pm EST, 10:00am-11:30am PST

or call 1-800-926-7926

This CLE webinar will guide patent counsel on apportionment of patent damages. The panel will review how the courts have treated the issue of damages apportionment and will discuss the damages analysis as well as calculating damages for multi-component products. The panel will also consider how apportionment is affected by claim scope and the impact on patent drafting, licensing and enforcement.

Description

In Jan. 2018, the Federal Circuit Court of Appeals addressed the issue of apportioning damages in two patent cases—Exmark Manufacturing Co. v. Briggs & Stratton Power Products Group and Finjan v. Blue Coat Systems. These two cases address the need for apportionment, and the complexity of identifying an appropriate royalty base in consumer products, software and other multi-component products.

The damages hinge on the scope of the claims and create a challenge for the patent owner. A broader claim typically covers a more extensive range of products. However, it also raises the likelihood of unpatented elements in the product and thereby limiting recoverable damages.

Potential damages also play a role during patent clearance and licensing discussions. Further, patent prosecutors should keep the damages analysis in mind when drafting patent applications and claims to maximize value, particularly when multi-component products are involved.

Listen as our authoritative panel of patent attorneys examines recent Federal Circuit decisions and how the courts have treated the issue of damages apportionment. The panel will also discuss the damages analysis and calculating damages for multi-component products. The panel will consider how apportionment is affected by claim scope and how patent prosecutors should approach patent drafting in light of the damages analysis.

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Outline

  1. Court treatment of damages apportionment
    1. Exmark Mfg. Co. v. Briggs & Stratton Power Products Group (Fed. Cir. 2018)
    2. Finjan v. Blue Coat Sys. (Fed. Cir. 2018)
  2. Calculating damages
    1. Analysis
    2. When multi-component products are involved
  3. Impact of claim scope
  4. Impact of damages apportionment
    1. Patent drafting
    2. Licensing
    3. Enforcement

Benefits

The panel will review these and other highly relevant issues:

  • How does the claim scope impact apportionment?
  • How can counsel draft patent claims to maximize the value of the invention?
  • What litigation strategies can companies and their counsel employ to improve their damages analysis?

Faculty

McAnulty, Timothy
Timothy P. McAnulty

Partner
Finnegan Henderson Farabow Garrett & Dunner

Mr. McAnulty practices all aspects of patent law, including district court litigations, post-grant proceedings, due...  |  Read More

Totten, Jeffrey
Jeffrey C. Totten

Partner
Finnegan Henderson Farabow Garrett & Dunner

Mr. Totten focuses his practice on patent and trade secret litigation, post-grant validity challenges, and client...  |  Read More

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