Applying Patent Damages Law: 2017 Updates
Over the past several years, the law of patent damages has been evolving at a rapid pace. The Supreme Court has recently weighed in on issues relating to enhanced damages awards, as well as damages available for infringement of design patent damages. Additionally, the lower courts continue to interpret and apply some of the most significant decisions of the recent past regarding apportionment to the value of the patented technology, the calculation of lost profits, and the use of settlement agreements in determining reasonable royalty damages. These decisions have created a dynamic—and uncertain—environment for both patent holders and those accused of infringing patents. Thus, it is crucial for all parties engaged in patent licensing and litigation to be aware of the most recent trends in order to best manage the risks associated with patent litigation.
In this LIVE Webcast, a panel of thought leaders assembled by The Knowledge Group will provide the audience with an in-depth analysis of the fundamentals as well as practical tips in patent damages law. Speakers will also provide an update on the recent trends and developments surrounding this significant topic.
Key topics include:
- Damages Under the Patent Act
- Recent Court Decisions
- Latest Trends and Developments
Jason S. Angell, Partner
Freitas Angell & Weinberg LLP
Joel Wacek, Principal
Hoffman Alvary & Company LLC
- Update on Awards of Enhanced Damages
- Recent Decisions and Developments in Injunctions
- Updates in Determining Design Patent Damages
- Recent Federal Circuit Cases Regarding
- The Use of Settlement Agreements in Determining Reasonable Royalties
- Lost Profits & Apportionment
Who Should Attend:
- Patent Attorneys
- Patent Litigators
- Intellectual Property Attorneys
- In-House Counsel
- IP Consultants and Experts
- Patent Owners
Jason’s practice is focused on intellectual property litigation, antitrust litigation, and other complex matters for domestic and international technology companies. He represents both patent holders and parties defending against patent claims in infringement litigation in courts across the United States. Jason is also a member of the Patent Bar, and represents parties before the Patent Trial and Appeal Board. Jason has litigated cases involving technologies as diverse as computer software and hardware, semiconductors, consumer electronics devices, medical devices, and biotechnology.
In 2013, Jason served as trial counsel in a price fixing case. Because his client’s guilty plea established liability prior to trial, the focus at trial was on the more than $770,000,000 in single damages the plaintiffs claimed. Despite the guilty plea, the jury awarded less than 1% of the damages claimed. The trial result was widely covered in domestic and foreign media. The trial result led to his firm being a finalist for Global Competition Review’s 2014 Litigation of the Year Award.
In addition to being a member of the State Bar of California, Intellectual Property Section, Jason is an active member of the American Bar Association, Section on Intellectual Property Law and the American Bar Association Section on Antitrust Law. He participates in various other local and national organizations. Jason regularly writes and speaks on areas of law relevant to his expertise.
Jason’s practice is focused on intellectual property litigation, antitrust litigation, and other complex matters for domestic and international technology companies. …
Joel Wacek is a Principal of Hoffman Alvary. His practice focuses on financial and economic analysis for intellectual property disputes, licensing and business valuation matters. Mr. Wacek has more than a decade of experience in computing damages in intellectual property infringement matters, as well as providing financial analysis related to breach of contract and business valuation disputes.
Mr. Wacek’s experience includes providing expert testimony, preparing expert reports and assisting counsel in preparing for depositions and trial examinations. Mr. Wacek continually monitors the developing changes in patent damages case law to inform his complex damages analyses involving lost profits, reasonable royalties and price erosion.
Mr. Wacek holds an M.B.A. and a Masters of Science in Finance from the Carroll School of Management at Boston College, and a B.A. in both Economics and History from Boston College. He is a Certified Licensing Professional and member of the Licensing Executives Society and International Trademark Association.
Joel Wacek is a Principal of Hoffman Alvary. His practice focuses on financial and economic analysis for intellectual property disputes, …
Print and review course materials
Method of Presentation:
Experience in patent law
NASBA Field of Study:
Business Law - Technical
NY Category of CLE Credit:
Areas of Professional Practice
Unlock All The Knowledge and Credit You Need
Leading Provider of Online Continuing Education
It's As Easy as 1, 2, 3
Get Your 1-Year All Access Pass For Only $199
About Freitas Angell & Weinberg LLP
Freitas Angell & Weinberg LLP is a Silicon Valley law firm established in 2011 by former partners of Orrick, Herrington & Sutcliffe LLP. The firm’s focus is intellectual property litigation, antitrust litigation and counseling, the representation of policyholders in insurance coverage claims and litigation, and complex litigation for technology companies. The firm’s In re TFT-LCD (Flat Panel) Antitrust Litigation price fixing trial win was a finalist for Global Competition Review’s 2014 Litigation of the Year award.
About Hoffman Alvary & Company LLC
Hoffman Alvary & Company is a consulting firm providing independent advisory services to law firms, their clients and other institutions worldwide.
The firm’s Intellectual Property and Valuation Consulting practices assist companies and their counsel in a broad range of areas including expert witness testimony, licensing matters, valuations and general business consulting. The firm’s principals are experienced in determining and testifying to the amount of damages arising from the infringement of intellectual properties, and as well as in analyzing financial, accounting and economic issues in investigations before the International Trade Commission.
The firm’s Law Firm Consulting practice focuses on management consulting to major law firms throughout the United States, Canada, the UK and Europe, and works regularly with nearly half the AmLaw 100 and AmLaw Second Hundred firms in their strategic and tactical considerations.