Damages are a critical part of a patent infringement case.

This webinar addresses the current state of the law on patent damages, including cases on reasonable royalties and apportionment. It also covers strategies for proving damages, including trends in the use of reasonable royalties, apportionment and comparable licenses.

Attorneys Laura Smalley and Neal Slifkin of the Harris Beach Intellectual Property Practice Group discuss:

  • Statutory basis for patent damages and general damages theories
  • Reasonable royalty – background and theory
  • Hypothetical negotiation – basis and timing
  • Apportionment strategies
  • Recent use of reasonable royalties – large awards in certain industries
  • Other recent decisions
  • Effective use of damages experts
  • Use of Technical Experts
  • Lack of design alternatives
  • Demand for the patented product
  • Benefits of the patented technology over the prior art
  • Apportionment
  • Comparable licenses

This program has been approved to provide 1.5 NY MCLE Credit (Professional Practice) and is appropriate for NY experienced attorneys.