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Overview

Patent Damages, the New "Economic Realism" and Early Case Assessments

When
January 29, 2014

On January 29, 2014, we held our event, Patent Damages, the New “Economic Realism” and Early Case Assessments, at the Seaport Hotel.

The Federal Circuit has steadily replaced old “rules of thumb” for damage calculations with a more economically realistic approach.  Learn about the present trends in damages and how that information can be put to use to understand the risks and ranges of damages, and how a candid damage assessment can help avoid litigation expenses and drive early case settlement.

This interactive seminar will feature two experienced patent trial lawyers and two economic experts, who each possess a deep understanding of economic theory and patent damage methodologies.  The panel discussed the current trends in the patent damages and provided insight into:

  • Reasonable Royalties: How apportionment and the “Entire Market Value Rule” apply in patent assertion entity (“PAE”) cases
  • Lost Profits: How to make a reliable early assessment of damages in Hatch-Waxman “early launch” cases
  • Tools: What specific tools are available to calculate a range of damages early in the cases