Recent Developments in Patent Infringement Damage Awards

02 June 2010
Hosted By: The Knowledge Group

2009 ushered in several interesting cases which indicate a significant shift in the thinking of the courts regarding patent infringement damages, and specifically, the entire market value rule. Damages awards have been reduced, reversed, or questioned on appeal. Going forward, the recent rulings may affect the desirability of evidence related to whether/how much the allegedly infringed patented feature drives demand. On 2 June 2010, The Knowledge Group will hold a 2-hour live webcast to provide insights on developments in patent litigation. NERA Vice President Dr. Elizabeth Bailey will participate in the webcast, and will speak on a range themes related to patent infringement damages emerging from a number of recent CAFC decisions including, understanding why reasonable royalty damages do not depend on whether the patented technology is a large or small component of the overall product; explaining why the royalty base and royalty rate must be jointly determined; and discussing why non-economic approaches to calculating reasonable royalties, such as the use of non-comparable benchmarks and the so-called 25% rule, are unreliable.

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