Patent Damages After Lucent v. Gateway and Cornell v. HP
Strategies for Establishing or Disproving Infringement Damages
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course 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.
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
He is an experienced trial attorney, specializing in complex intellectual property and antitrust matters and has... | Read More
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.
CloseJohn M. Skenyon
Principal
Fish & Richardson
He specializes in patent litigation and has been lead counsel in over 90 IP lawsuits. He has obtained one of the... | Read More
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.".
CloseElizabeth A. Alquist
Partner
Day Pitney
She is a trial attorney who represents a broad range of business clients in patent, trade secret, noncompetition,... | Read More
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.
Close