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

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Conducted on Wednesday, February 3, 2010

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Course Materials

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.


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.



  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


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?


Richard Cauley
Richard Cauley

Wang Hartmann Gibbs & Cauley

He is an experienced trial attorney, specializing in complex intellectual property and antitrust matters and has...  |  Read More

John M. Skenyon
John M. Skenyon

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

Elizabeth A. Alquist
Elizabeth A. Alquist

Day Pitney

She is a trial attorney who represents a broad range of business clients in patent, trade secret, noncompetition,...  |  Read More

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