Patent Infringement Royalty Damages: Lessons Learned Post-Uniloc
Implications for the EMVR and Alternatives to the 25 Percent Rule
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will prepare patent counsel to establish infringement damages, examine Uniloc and other recent decisions—and what the findings mean for patentholders, accused infringers and their counsel—and discuss the economic and financial tools available to estimate reasonable royalty damages.
- Recent patent damages cases
- Uniloc v. Microsoft (Fed. Cir. 2011)
- IP Innovation v. Red Hat, Novell Inc. (U.S.D.C. E.D. Tex. 2010)
- ResQnet.Com v. Lansa (Fed. Cir. 2010)
- Lucent v. Gateway (Fed. Cir. 2009)
- Cornell Univ. v. Hewlett-Packard (N.D.N.Y. 2009)
- Impact of these decisions on patent damages law
- Implications of these decisions for patent holders and accused infringers
- What has changed/not changed?
- Key economic question
- Shift in patented technology
- Entire market value rule
- Analytical tools
- 25 percent rule
- Comparable license agreements
- Cost of implementing non-infringing alternatives
- Analytical method
- Nash bargaining solution
- Hedonic analysis
- Conjoint analysis
The panel will review these and other key questions:
- What conditions must be met for applying the entire market value rule?
- What guidance do the Uniloc ruling and other recent decisions offer for proving patent damages?
- Have the recent decisions effectively raised the evidentiary standards for the determination of patent damages?
- How will courts be handling these very difficult questions in the immediate future?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Troy E. Grabow
Finnegan Henderson Farabow Garrett & Dunner
He has a broad range of experience in all aspects of patent law, including U.S. district court and appellate... | Read More
He has a broad range of experience in all aspects of patent law, including U.S. district court and appellate litigation, patent prosecution, and strategic counseling. He also oversees the patent portfolio of several companies, and handles all aspects of their intellectual property needs.Close
Krista F. Holt
President & CEO
Ms. Holt provides expert witness testimony at trial for patent, trademark, trade secret, copyright, false... | Read More
Ms. Holt provides expert witness testimony at trial for patent, trademark, trade secret, copyright, false advertising, antitrust, and breach of contract cases for analysis of lost profits, determination of reasonable royalties, accounting of defendant’s profits, licensing and intellectual property valuation.Close