Patent Damages: Expert Testimony, Tightened Standards, Implications of EcoFactor v. Google
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Patent
- event Date
Tuesday, August 5, 2025
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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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.
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.
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.
In May 2025, the Federal Circuit Court of Appeal, in an en banc decision, vacated the district court decision and remanded for trial on the damages. The court's decision has been called a landmark decision on expert damages testimony and highlights the district court's role as gatekeeper under Rule 702.
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 EcoFactor decision as well as other recent decisions and their impact on patent damages law. The panel will also look at the role of experts and offer best practices for establishing and disproving infringement damages.
I. Rule 702
A. Overview
B. 2023 Amendments
II. EcoFactor v. Google (Fed. Cir.)
A. Majority opinion
B. Dissent
C. Takeaways from the decision
III. Other recent notable damages cases
IV. Expert testimony
V. Best practices for establishing and disproving damages
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?
