The Continuing Evolution of Patent Damages: What You Don't Know May Hurt You


This Wednesday, December 4, 2013, we will be presenting via the web on The Continuing Evolution of Patent Damages: What You Don't Know May Hurt You. This is the next webinar in Fish & Richardson's INSIGHTS webinar series. Despite congressional and judicial efforts aimed at reining in patent damages, the law still lacks clarity in many areas. As the courts impose new legal restraints, clever litigants hatch novel damages theories in an effort to skirt those restraints. Today, the world of patent damages continues to evolve: solve one problem (such as the entire market value rule in reasonable royalty cases), and new issues pop up around it. You may feel damages is like a game where you overcome one hurdle, only to have another jump up out of nowhere.

To protect their organization's intellectual property and business interests, counsel must be aware of the legal question marks, the theories that litigants are using to exploit them, and how to apply the teachings of current case law on damages. At 1:00 pm EST on December 4, we will address how key courts and litigants are handling patent damages cases, including the following topics:

  1. Whether the "smallest salable patent-practicing unit" must be apportioned to account for the value of the patented feature.
  2. Techniques for apportioning and their pitfalls.
  3. Theories designed to end-run the entire market value rule.
  4. Legal hurdles to clear in showing a license is comparable.