Patent Infringement and Damages: Practical Tips and Strategies You Should Not Miss
In a patent infringement case, the smallest reward paid is typically a reasonable royalty. However, under the current law, plaintiffs can also recover enhanced damages in exceptional cases, such as willful infringement or litigation misconduct. Design patents are also subject to special damages statute which states that anyone who sells an "article of manufacture" containing the patented design may be held liable to the patent owner "to the extent of his total profit."
On June 21, 2017, the STRONGER Patents Act of 2017, a bill aimed at revamping the current US patent system was introduced. Section 106 of the said proposal would modify the statute governing patent infringement. It establishes that further infringements of a patent would cause irreparable injury and that legal remedies available, such as damages, are inadequate to compensate for those infringements.
In this LIVE webcast, a panel of distinguished professionals and thought leaders brought together by The Knowledge Group will discuss the fundamentals and recent updates on patent infringement and damages. They will provide an in-depth discussion of recent high-profile patent infringement cases and the winning strategies in seeking patent damages.
Key topics include :
- General Principles of Patent Infringement Damages
- Reasonable Royalty Damages
- Lost Profits Damages
- Other Patent Infringement Damages
- Apportionment of Damages
- Design vs. Utility Patent Infringement Damages
- Statutory Limitations on Damages
- Recent Litigation Updates
- New Regulatory Developments
- Practical Tips and Strategies
Richard J. Eichmann, Director
NERA Economic Consulting
- Lost Profits: MorFlo Analysis in instances of non-infringing substitutes
- Reasonable Royalty: Profit splits; Is Nash the new “Rule of Thumb”?
- Irreparable Harm: Reasonable Certainty in Damages from a Statistical Perspective
Richard W. Hoffmann, Shareholder
Reising Ethington PC
- Design patent damages
Who Should Attend:
- Patent Litigators
- Patent Attorneys
- Patent Consultants
- IP Consultants and Experts
- In House Counsel
- Corporate Counsel
Richard Eichmann is an economist with NERA Economic Consulting, based out of San Francisco and Los Angeles. He is a partner in the IP practice and holds over 20 years of experience in litigation consulting as a damages expert. His skills include valuation, econometrics, statistics, sampling, and survey research. He has calculated economic damages in a variety of industries, including the automotive, airline, credit card, financial, energy, gaming and pharmaceutical industries. He has filed expert reports in Federal court on the application of statistical methods, sampling, survey design, and business valuation, lost profits, and patent damages. He has provided arbitration, deposition and trial testimony. He has also taught valuation and calculation of damages at numerous conferences.
Richard Eichmann is an economist with NERA Economic Consulting, based out of San Francisco and Los Angeles. He is a …
Rick Hoffmann is a shareholder in the firm of Reising Ethington, PC in Troy, MI and has more than 30 years of experience in the intellectual property field. He has a B.S. in Chemical Engineering from Michigan Technological University and a law degree from Michigan State University College of Law. He focuses his practice on intellectual property litigation, having been lead counsel in well over 75 intellectual property cases in courts throughout the United States. He has argued cases before the U.S. Courts of Appeals for the Federal and 6th Circuits, and was co-counsel with now Chief Justice of the United States, John Roberts, in a case before the U.S. Supreme Court. He has been named to Super Lawyers for 12 consecutive years. He is also co-author of the case book, Cases and Materials on Patent Law Including Trade Secrets, 7th edition.
Rick Hoffmann is a shareholder in the firm of Reising Ethington, PC in Troy, MI and has more than 30 …
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Method of Presentation:
Experience in patent infringement litigation
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About NERA Economic Consulting
NERA Economic Consulting (www.nera.com) is a global firm of experts dedicated to applying economic, finance, and quantitative principles to complex business and legal challenges. For over half a century, NERA’s economists have been creating strategies, studies, reports, expert testimony, and policy recommendations for government authorities and the world’s leading law firms and corporations. We bring academic rigor, objectivity, and real world industry experience to bear on issues arising from competition, regulation, public policy, strategy, finance, and litigation.
About Reising Ethington PC
Since its founding in Detroit in 1865, Reising Ethington has specialized solely in the practice of intellectual property (IP) law. Areas of expertise include IP prosecution and litigation, managing worldwide patent and trademark portfolios, post-grant proceedings, trade secrets, and licensing and other IP-related agreements. The firm represents some of the world’s most innovative and foremost IP owners, including automotive manufacturers and suppliers, medical technology companies, aerospace companies, universities, industrial equipment makers, robotics companies, and consumer product companies.
Reising enjoys a rich history of partnership with many of its clients, including in the automotive industry where the firm worked to protect the ideas of automotive pioneers Ransom E. Olds, David Buick, and the Fisher Brothers. Dating back several decades, attorneys at Reising have authored seven editions of the U.S. law school case book Patent Law Including Trade Secrets, published by West Academic Publishing.