BarbriSFCourseDetails

Course Details

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.

Faculty

Description

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.

Outline

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. Expert testimony

IV. Best practices for establishing and disproving damages

Benefits

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?