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Webinar Replay | Patent Damages Theories

June 3, 2021

Webinar Replay | Patent Damages Theories

June 3, 2021

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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.

Click the link to download a copy of the webinar slides.


The opinions expressed are those of the authors on the date noted above and do not necessarily reflect the views of Fish & Richardson P.C., any other of its lawyers, its clients, or any of its or their respective affiliates. This post is for general information purposes only and is not intended to be and should not be taken as legal advice. No attorney-client relationship is formed.

Blog Authors

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Chris Marchese | Principal

Chris Marchese is a principal who has been with Fish & Richardson since 1995. His practice focuses on intellectual property litigation and trials. He has handled patent infringement cases in a wide range of technologies, has successfully first-chaired both jury and bench trials, and has extensive experience with all aspects of patent...

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Nicole Williams | Principal

Nicole Williams’ practice focuses on patent litigation. She has experience with various technologies, with a particular emphasis on the life sciences, including DNA sequencing, pharmaceutical compounds and biologics, microfluidics, and medical devices. Ms. Williams has also litigated cases involving digital cameras, sports technology, and...