Apportioning Patent Damages: Analysis, Calculations for Multi-Component Products, Impact of Claim Scope
Implications of Apportionment for Patent Drafting, Licensing and Enforcement
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will guide patent counsel on apportionment of patent damages. The panel will review how the courts have treated the issue of damages apportionment and will discuss the damages analysis as well as calculating damages for multi-component products. The panel will also consider how apportionment is affected by claim scope and the impact on patent drafting, licensing and enforcement.
Outline
- Court treatment of damages apportionment
- Exmark Mfg. Co. v. Briggs & Stratton Power Products Group (Fed. Cir. 2018)
- Finjan v. Blue Coat Sys. (Fed. Cir. 2018)
- Calculating damages
- Analysis
- When multi-component products are involved
- Impact of claim scope
- Impact of damages apportionment
- Patent drafting
- Licensing
- Enforcement
Benefits
The panel will review these and other highly relevant issues:
- How does the claim scope impact apportionment?
- How can counsel draft patent claims to maximize the value of the invention?
- What litigation strategies can companies and their counsel employ to improve their damages analysis?
Faculty
Alyssa J. Holtslander
Atty
Finnegan Henderson Farabow Garrett & Dunner
To provide well-rounded intellectual property services, Ms. Holtslander draws on her experience in post-grant... | Read More
To provide well-rounded intellectual property services, Ms. Holtslander draws on her experience in post-grant proceedings, due diligence investigations; freedom-to-operate studies; district court patent litigations; proceedings before the International Trade Commission; patent prosecution; and providing opinions on patent infringement, patent validity, and other intellectual property issues. She works on a broad range of patent matters and represents clients across a wide range of mechanical and electrical technologies, including medical, vehicular, mining, aerospace, chemical processes and equipment, network systems, electric motors, cellular devices, and defense system technologies.
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Jeffrey C. Totten
Partner
Finnegan Henderson Farabow Garrett & Dunner
Mr. Totten focuses his practice on patent and trade secret litigation, post-grant validity challenges, and client... | Read More
Mr. Totten focuses his practice on patent and trade secret litigation, post-grant validity challenges, and client counseling in the mechanical and electrical fields. He has extensive experience managing litigation teams involved in complex intellectual property disputes, developing and briefing claim construction and summary judgment positions. His litigation practice includes representing clients in post-grant review (PGR) proceedings. His work includes coordinating PTAB proceedings and ongoing district court litigation.
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