Partner Laura Smalley will present a Strafford CLE on Thursday, June 29 titled, “Patent Damages: Recent Trends and Developments, Experts and Supporting Documentation, Damages for Foreign Activity. A full description of Laura’s presentation topic is below:

In 2022, the Federal Circuit vacated two large patent damages awards due to insufficient factual support for the expert opinion on damages. In California Inst. of Tech. v. Broadcom Ltd., the court vacated a $1.1 billion verdict and remanded the matter for a new damages trial. Similarly, in Apple Inc. v. Wi-LAN Inc., the court remanded the case for a new damages trial after vacating an $85 million verdict. After the Caltech v. Broadcom decision, suppliers may face higher royalties for infringing components used in downstream products. There is a trend toward allowing recovery of patent damages for foreign activity. There have been district court decisions that demonstrate this following the Supreme Court’s 2018 decision in WesternGeco v. ION Geophysical Corp. that held damages based on foreign activity could be recovered. Patent holders and defendants must understand the proper analysis for estimating potential infringement damages and what the courts require to establish damages. Experts need sufficient support for their opinions. This can come from licensing agreements, customer surveys, evidence of customer usage, and more. Listen as our authoritative panel of patent attorneys examines the recent decisions and their impact on patent damages law. The panel will look at the role of experts and what discovery can aid experts in their evaluation. The panel will also discuss patent damages for foreign activity. The panel will offer best practices for establishing and disproving infringement damages.

The panel will review these and other key questions:

  • What guidance do recent decisions offer for establishing or disproving patent damages?
  • What litigation strategies can companies and their counsel employ to improve their damages analysis?

This 90-minute webinar is eligible in most states for 1.5 CLE credits. About Strafford: For over 30 years, Strafford has empowered attorneys and accountants with the information and training they need to advance their career and remain at the top of their fields.