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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 M. Bruno
Partner
McDermott Will & Emery, LLP

Mr. Bruno focuses his practice on intellectual property litigation matters, primarily involving trade secrets, patents, and related contract disputes. He also has a broad base of experience, in and outside of IP, that allows him to effectively and efficiently manage litigation in other subject matters and to counsel clients on all types of IP risk. He has extensive litigation experience, including a very active critical motions and appellate practice. He has personally argued in three courts of appeal and has drafted critical motions and briefs in numerous subject areas, including employment, environmental, defamation, copyright, tax, and complex commercial litigation law.

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Laura W. Smalley
Member
Harris Beach, PLLC

Clients’ development of their technology and protecting and enforcing clients’ intellectual property rights are the focus of Ms. Smalley’s practice. 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?