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Course Details

Course Information
  • smart_display Format

    Live Online with Live Q&A

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Patent

Date & Time
  • event Date

    Tuesday, August 5, 2025

  • 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 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

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

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 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. Other recent notable damages cases

IV. Expert testimony

V. 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?