Events

Damages in Patent Litigation - Recent Developments

When
April 9, 2025
3:00 - 5:30 PM

Where
Online or at the U.S. District Court for the District of Massachusetts
1 Courthouse Way (Courtroom 12, Fifth Floor)
Boston, MA 02210

Join the FBA of Massachusetts IP Section for a presentation at the United States District Court for the District of Massachusetts on April 9th. The Honorable Richard G. Stearns and The Honorable William G. Young will join members of the FBA IP Section to discuss recent developments in patent litigation damages.

Hamilton Brook Smith Reynolds Principals, Susan Glovsky and Samuel Sussman, proudly serve as FBA IP Section Committee members.

AGENDA

• 2:45 – 3:00 pm – Registration and Online Audience Log In
• 3:00 – 3:10 pm – Introduction on Patent Damages
• 3:10 – 3:50 pm – Panel 1: Rule 702 and Daubert in IP Cases
• 3:50 – 4:30 pm – Panel 2: Comparable Licenses, Apportionment, and Other Contested Issues in Calculating Reasonable Royalty
• 4:30 – 5:30 pm – Networking reception with snacks outside the Courtroom

Panel 1 with The Honorable Richard G. Stearns: Rule 702 and Daubert in IP Cases

How has Daubert motion practice evolved in recent years? This panel will take on recent issues in the assessment of reliability and admissibility of expert opinions in IP cases, including the effect of amended Rule 702, the qualification and role of technical experts, and challenges to an expert’s methodology.

Panel 2 with The Honorable William G. Young: Comparable Licenses, Apportionment, and Other Contested Issues in Calculating Reasonable Royalty

Once the admissibility hurdle has been cleared, a case for patent damages must still be presented to a jury in a comprehensible way, based on methodology that will ultimately survive Federal Circuit review (especially for large patent damages verdicts). This panel will discuss issues that frequently arise in reasonable royalty damages testimony, with a focus on issues relating to comparable licenses and apportionment.