Determining Patent Infringement Reasonable Royalty Damages: What Lies Ahead in 2018
As mandated by Section 284 of the US Patent Code, a patent holder is granted royalty for the damages and other compensations brought by the infringement in a certain patent lawsuit. In cases where a patent holder cannot prove actual damages, the compensation may still be granted through "reasonable royalty damages".
However, over the years, courts have been more critical in determining reasonable royalty in patent cases. Increased scrutiny in recent court rulings proves that determination of such damages is now becoming more complex.
Join a panel of key thought leaders and patent professionals assembled by The Knowledge Group as they bring the audience to a road beyond the basics of Section 284 of the US Patent Code, and as they delve into an in-depth analysis of the current trends and recent court rulings involving reasonable royalty damages. Speakers will also provide the audience with practical methods in the determination of reasonable royalties.
This LIVE webcast will discuss the following key topics:
- 35 USC Section 284 - Legal Overview
- Recent Court Ruling involving Reasonable Royalty Damages
- Methods Approved by the Federal Circuit
- Current and Emerging Methods
- Potential Pitfalls and Best Practices
Harris Beach PLLC
- Potential developments in apportionment and the use of the Entire Market Value Rule
- Current best practices in reasonable royalty methodology
- Pending Federal Circuit decisions that may affect the proof of a reasonable royalty
- Key factors in the reasonable royalty analysis
- The determination of "comparable" license agreements in a reasonable royalty analysis
- Use of settlement agreements in the determination of reasonable royalty damages
- Acceptable alternative reasonable royalty approaches in the absence of comparable agreements
Who Should Attend:
- Patent Holders
- IP Attorneys
- Patent Attorneys
- Patent Litigators
- In-House Counsel
- IP Consultants and Experts
- Patent Licensing Attorneys
- Other Related/Interested Professionals
Laura W. Smalley is a partner at Harris Beach PLLC. Ms. Smalley practices in the Intellectual Property, Business and Commercial Litigation and Appellate Practice Groups. She is also a member of the firm’s e-discovery practice (e-info℠) and serves on the Photonics Industry Team. Selected as one of the Best Lawyers in America, she focuses her legal practice on technology development and exploitation, including the enforcement of intellectual property rights. She also prosecutes patents in the chemical field. She is admitted to practice before the United States Patent and Trademark Office, with a technical background in chemistry, including organic and analytical chemistry. Ms. Smalley has litigated several patent infringement suits involving medical devices, electrical components and imaging technology. Laura also performs appellate work in both New York state and federal appellate courts.
Laura W. Smalley is a partner at Harris Beach PLLC. Ms. Smalley practices in the Intellectual Property, Business and Commercial …
Lauren Kindler is a vice president at Analysis Group, a leading economics consulting firm that provides economics expertise and strategy to top law firms, Fortune Global 500 companies, and government agencies worldwide. Ms. Kindler has worked on numerous intellectual property disputes. She has served as an expert in patent infringement cases in a variety of industries, including telecommunications, security systems, sporting goods equipment, biomedical, and payment processing. She has analyzed claimed lost sales, claimed lost profits, and claimed reasonable royalty damages, and also has extensive experience with FRAND royalty-related analysis. Ms. Kindler received her masters in economics from Southern Methodist University and her bachelors in economics from Tulane University.
Lauren Kindler is a vice president at Analysis Group, a leading economics consulting firm that provides economics expertise and strategy …
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Method of Presentation:
Basic knowledge in patent law
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About Harris Beach PLLC
Harris Beach is one of the oldest and largest law firms in New York state and among the country’s top law firms as ranked by The National Law Journal and is among the 2017 BTI Elite law firms based on in-depth interviews of more than 600 corporate counsel at the world’s largest and most influential companies. The firm is a full service law firm that represents a wide range of clients, including Fortune 500 corporations, privately-held companies, public sector entities and not-for-profit organizations. Harris Beach is ranked by U.S. News and World Report as a Top Tier firm in every major area of law, and was named in 42 practice group categories in Best Lawyers in America.
Harris Beach and its subsidiaries provide a full range of legal and professional services for clients across New York state, nationally and internationally. With over 27 practice groups and 17 industry teams, the firm provides the full depth and breadth of legal services. Principal industries represented include education, energy, financial, food and beverage, health care, insurance, manufacturing, medical and life sciences, real estate developers, and state and local governments and authorities.
About Analysis Group
Analysis Group is one of the largest private economics consulting firms, with more than 800 professionals across 13 offices in North America, Europe, and Asia. Since 1981, we have provided expertise in economics, finance, health care analytics, and strategy to top law firms, Fortune Global 500 companies, and government agencies worldwide. Our internal experts, together with our network of affiliated experts from academia, industry, and government, offer our clients exceptional breadth and depth of expertise.