A live 90-minute CLE webinar/teleconference with interactive Q&A
Sponsored by the Legal Publishing Group of Strafford Publications
Wednesday, February 3, 2010 ~ 1:00pm-2:30pm EST
Price: $247 ($297 after Friday, January 15, 2010)

Please note: You will be taken to the Strafford website to complete your order.

This CLE seminar will review how the Lucent and Cornell decisions impact patent damages law, discuss what the decisions mean for patent holders and defendants, and outline strategies for proving or rebutting patent infringement damages.

Description

The Federal Circuit Court of Appeals is not waiting for Congress to initiate patent reform. In two recent decisions, Federal Circuit judges in Lucent v. Gateway and in Cornell v. HP discuss what is needed to establish damages for patent infringement.

In Lucent, the judge raised the standard for patent damages and calls for courts to require specific proof of reasonable royalty. In Cornell, the judge limited a patent holder’s ability to recover royalty on the entire product value when the patent applied only to an element of the product.

Patent holders and defendants must understand the proper analysis for estimating potential infringement damages and what the courts require to establish damages.

Listen as our authoritative panel of IP attorneys examines the Lucent and Cornell decisions, their impact on patent damages law, and what the outcomes mean for patent holders and defendants. The panel will offer best practices for establishing and disproving infringement damages.

Outline

• Damages case law – current trends
  • Current state of the law
  • Lucent v. Gateway (Fed. Cir. Sept. 2009) – Chief Judge Michel
  • Cornell Univ. v. Hewlett-Packard (N.D.N.Y. March 2009) – Judge Rader
  • Impact of Lucent and Cornell
  • What these decisions mean for patent holders and patent defendants
• Calculating damages
  • Apportionment
  • EMVR
• Best practices for establishing or disproving infringement damages

Benefits

The panel will review these and other key questions:

• What mandatory conditions must be met for applying the entire market value rule?
• What guidance do the Lucent and Cornell decisions offer for proving patent damages and encouraging patent reform?
• What steps should patent holders take to ensure proof of patent infringement damages?

Following the speaker presentations, you’ll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

Richard Cauley, Partner
Wang Hartmann Gibbs & Cauley, Mountain View, CA
He is an experienced trial attorney, specializing in complex intellectual property and antitrust matters and has particular expertise in matters requiring economic and financial analysis. He recently authored Winning the Patent Damages Case, A Litigator’s Guide to Economic Models and Other Damage Strategies.

John M. Skenyon, Principal
Fish & Richardson, Boston
He specializes in patent litigation and has been lead counsel in over 90 IP lawsuits. He has obtained one of the largest patent jury verdicts ever awarded in Massachusetts and has successfully defended clients from damages claims totaling hundreds of millions of dollars. He co-authored a book entitled “Patent Damages Law & Practice.”.

Elizabeth A. Alquist, Partner
Day Pitney, Hartford, CT
She is a trial attorney who represents a broad range of business clients in patent, trade secret, noncompetition, trademark, copyright, and Internet-related disputes, including ICANN proceedings. She co-chairs the firm’s Intellectual Property Department.

Register Today!
Price covers an unlimited number of staff at your office location. Can’t participate in the live seminar? A CD of the full event proceedings, including Q&A and PDF files of all handouts, will be available 10 days after the seminar.

Continuing Legal Education
Continuing Legal Education credits are granted for an additional $65 per person. Please refer to the options on the order page to take advantage of these credits.

Please note: You will be taken to the
Strafford website to complete your order.