Patent Damages: Expert Testimony, Tightened Standards, Implications of EcoFactor v. Google
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE webinar will guide patent counsel on patent damages. The panel will discuss EcoFactor v. Google and other recent decisions and their implications. The panel will examine the role of experts and offer best practices for establishing and disproving infringement damages.
Outline
- Rule 702
- Overview
- 2023 Amendments
- EcoFactor v. Google (Fed. Cir.)
- Majority opinion
- Dissent
- Takeaways from the decision
- Expert testimony
- Best practices for establishing and disproving damages
Benefits
The panel will review these and other important questions:
- What guidance do recent decisions offer for establishing or disproving patent damages?
- What litigation strategies can companies and their counsel employ to improve their damages analysis?
Faculty
Christopher Bruno
Partner
Upadhye Tang
Mr. Bruno is a seasoned patent litigator with 15+ years of experience representing branded, biosimilar, and... | Read More
Mr. Bruno is a seasoned patent litigator with 15+ years of experience representing branded, biosimilar, and generic pharmaceutical companies in high-stakes disputes. Known for his courtroom command and strategic creativity, he has guided clients to victory at every level, from bench trials and IPRs to the Federal Circuit and U.S. Supreme Court. Mr. Bruno has co-first-chaired a Hatch-Waxman trial, direct- and cross-examined inventors and expert witnesses, and championed impactful case strategies through discovery in many pharmaceutical cases, including matters involving antibiotics, oncology drugs, sleep aids, ocular drops, topical treatments, and biologics. He was among the first to litigate under the Biologics Price Competition and Innovation Act (BPCIA). Mr. Bruno’s litigation experience and success spans the full range of forums, including district courts, the ITC, the PTAB, the Federal Circuit, and the Supreme Court. Known for sharp deposition skills and creative procedural tactics, he often finds unconventional paths to favorable outcomes, including through early dispositive motions and tailored discovery strategies. Mr. Bruno serves as a thought leader in numerous capacities in the intellectual property community.
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Laura W. Smalley
Member
Harris Beach
Ms. Smalley's practice is focused on her clients’ development of technology and protecting and enforcing... | Read More
Ms. Smalley's practice is focused on her clients’ development of technology and protecting and enforcing their intellectual property rights. She has litigated numerous patent infringement suits involving medical devices, electronic components and imaging technology. Ms. Smalley prosecutes patents in the chemical and biotechnology fields and has a technical background in chemistry, including organic and analytical chemistry. Prior to joining the firm, she supported the in-house Patent Prosecution Department at Motorola.
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