Patent Damages Theories

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Damages are one of the most important aspects of any patent infringement case. For patent owners, the potential damages they may be able to recover are a primary consideration when deciding whether to pursue an infringement claim and even take the claim to trial. For defendants, the amount of damages sought by the patent owner can present a major risk of loss, and will often shape the defense of the case. But proving damages is complex, and the law surrounding patent damages is continually changing, posing significant challenges for litigants when developing damages theories. Additionally, district courts continue to carefully scrutinize damages theories through the Daubert process and motions in limine.

In this webinar, Fish attorneys Chris Marchese and Nicole Williams discuss two of the most important areas in patent damages law:

  • Apportionment
  • Marking post-Arctic Cat Inc. v. Bombardier Recreational Prods. Inc.