Trying Damages in a Patent Case: The Impact of Some Recent Decisions

29 September 2009
Hosted By: Law Seminars International

On 29 September 2009, NERA Senior Vice President Dr. Alan Cox moderated a one-hour teleconference on recent CAFC decisions that will have a significant effect on the manner in which the damages portion of patent cases are tried. Panelists discussed DePuy Spine Inc. v. Medtronic and its findings regarding eligibility for lost profits and Lucent v. Gateway, which (along with Cornell v. Hewlett-Packard) addresses the standard of analysis required to determine a reasonable royalty and the availability of the entire market value rule. Dr. Cox was joined by NERA Vice President Dr. David Blackburn, Richard F. Cauley of Wang, Hartmann, Gibbs & Cauley, James W. Morando of Farella Braun + Martel, and Darin W. Snyder of O'Melveny & Myers.

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