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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Patent

Date & Time
  • event Date

    Thursday, June 29, 2023

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$347.00

This course is $0 with these passes:

CLE
ALL

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.

Faculty

Christopher Bruno
Partner
Upadhye Tang, LLP

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, PLLC

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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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.

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?