Patent Damages: Recent Trends and Developments, Experts and Supporting Documentation, Damages for Foreign Activity

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

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Thursday, June 29, 2023

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

or call 1-800-926-7926

This CLE webinar will guide patent counsel on patent damages. The panel will review recent decisions and the guidance they provide. The panel will look at the role of experts and what documentation can aid experts in their evaluation. The panel will also discuss patent damages for foreign activity. The panel will offer best practices for establishing and disproving infringement damages.

Description

In 2022, the Federal Circuit vacated two large patent damages awards due to insufficient factual support for the expert opinion on damages. In California Inst. of Tech. v. Broadcom Ltd., the court vacated a $1.1 billion verdict and remanded the matter for a new damages trial. Similarly, in Apple Inc. v. Wi-LAN Inc., the court remanded the case for a new damages trial after vacating an $85 million verdict. After the Caltech v. Broadcom decision, suppliers may face higher royalties for infringing components used in downstream products.

There is a trend toward allowing recovery of patent damages for foreign activity. There have been district court decisions that demonstrate this following the Supreme Court's 2018 decision in WesternGeco v. ION Geophysical Corp. that held damages based on foreign activity could be recovered.

Patent holders and defendants must understand the proper analysis for estimating potential infringement damages and what the courts require to establish damages. Experts need sufficient support for their opinions. This can come from licensing agreements, customer surveys, evidence of customer usage, and more.

Listen as our authoritative panel of patent attorneys examines the recent decisions and their impact on patent damages law. The panel will look at the role of experts and what discovery can aid experts in their evaluation. The panel will also discuss patent damages for foreign activity. The panel will offer best practices for establishing and disproving infringement damages.

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Outline

  1. Recent decisions and their impact
    1. Apple Inc. v. Wi-LAN Inc. (Fed. Cir. 2022)
    2. California Inst. of Tech. v. Broadcom Ltd. (Fed. Cir. 2022)
  2. Experts
  3. Foreign activity
  4. Best practices for establishing and disproving damages

Benefits

The panel will review these and other key 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

Bruno, Christopher
Christopher M. Bruno

Partner
McDermott Will & Emery

Mr. Bruno focuses his practice on intellectual property litigation matters, primarily involving trade secrets,...  |  Read More

Smalley, Laura
Laura W. Smalley

Member
Harris Beach

Clients’ development of their technology and protecting and enforcing clients’ intellectual property rights...  |  Read More

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