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.
-
Live Online
On Demand
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

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.

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.
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?
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