Where: Venable LLP 575 7th Street NW Washington DC 20004
Implications for the EMVR, Comparable Licenses, and Alternatives to the 25 Percent Rule
Recent Federal Circuit and district court decisions address what is needed to establish damages for patent infringement. There are a number of issues that counsel must be prepared to deal with when presenting their damages cases to the courts.
In 2011, the Federal Circuit ruled that the widely-used 25 percent rule of thumb is “inadmissible under Daubert and the Federal Rules of Evidence." The court cautioned against “admitting consideration of the entire market value where the patented component does not create the basis for customer demand.” Some recent decisions emphasize the importance of isolating the contribution of the patented technology when determining reasonable royalty damages. These decisions arguably raise the evidentiary standards required for the determination of patent damages.
Listen as our experienced panel provides a detailed examination of key recent decisions, reviews the impact on patent damages law, and analyzes the findings for patent holders, accused infringers and their counsel. The panel will also discuss economic and financial tools available to practitioners in estimating reasonable royalty damages.
Lunch included for all attendees.
Brian Kacedon, Partner, Finnegan
John Bone, Managing Director, SRR
Michele Riley, Managing Director, SRR
CLE Credit: VA CLE Credit (pending approval)
Members - $20.00
Non-Members - $30.00
Click here to register online.