The Goods on Damages: Deconstructing and Understanding Potential Damages in Patent Cases

In some ways, understanding patent damages should be straightforward.  Monetary damages for patent infringement come in two flavors: reasonable royalties and lost profits. And each of those flavors of damages is governed by a set of factors, known as the Georgia-Pacific factors and the Panduit factors, respectively. But as many patent practitioners know, the real story regarding damages is far more complicated, particularly when it comes to the admissibility of expert testimony. As the Federal Circuit prepares for an en banc hearing on the question of damages and the admissibility of expert testimony in EcoFactor Inc. v. Google LLC, we are likely at a crossroads when it comes to patent damages. This program, led by Ed Tulin (Gish PLLC), will discuss recent developments and trends in patent damages, with a particular focus on expert issues and a preview of what to expect as the Federal Circuit takes up a rare en banc case on damages.

Learning Objectives: 

1. Review the framework for reasonable royalty and lost profit damages

2. Discuss recent trends relating to expert testimony in patent cases

3. Preview the Federal Circuit's consideration of damages issues EcoFactor 

4. Identify and discuss key issues relating to damages for both plaintiffs and defendants