Patent Damages

Fish & Richardson patent damages seminar in NYC on 11/10

Chris and Justin (your blog authors) are giving a seminar on patent damages in New York City on November 10, 2010.  The event will be held at Fish & Richardson's office in New York City, 601 Lexington Ave., New York, NY 10152, (212) 765-5070.  The seminar is open to anyone who is interested.  For more information and sign-up, see

We previously put on this seminar in Minneapolis, Boston, and San Diego.  We do the seminar with two of our F&R partners, Jack Skenyon from the Boston office, and Michael Florey from the Twin Cities office.  The seminar is called:  Taming the Wild West of Patent Damages: Is There a New Sheriff in Town?  The following is a quick summary:

Patent damages law has come to the forefront in recent years, as juries have increasingly awarded large sums to plaintiffs, and Congress has stepped into the fray in an effort to rein-in patent damages. Reacting to the escalating damages awards and Congress' efforts, the judiciary has recently issued a flurry of opinions that may be changing the patent damages landscape permanently, and policing the previously untamed law of patent damages.

Please join us for a timely discussion led by attorneys who have literally written the book on patent damages and who are strategically guiding clients through this challenging area of patent law and litigation.

Key topics:

  • When will Congress pass legislation reforming damages law, what will it address, and what impact will it have?
  • Have recent cases - such as Lucent v. Gateway, Cornell v. Hewlett-Packard, i4i, Wordtech, and ResQNet - changed the law?
  • Are trial judges now acting as gatekeepers to prevent juries from hearing unsound damages theories?
  • What can be done in preparing a damages case to avoid running afoul, or take advantage, of the recent case law?

We hope to see you there!



See the recent article on Legislative patent damages reform published in the Los Angeles Daily Journal

One of our bloggers, Chris Marchese, published an article on August 11, 2010 that he co-wrote with Olga May (an associate in Fish's San Diego office).  The article is entitled:  "Runaway Patent Damages Awards:  Is Statutory Reform on the Way?"  (See the article here:  Marchese-May Daily Journal Article on Patent Damages Reform.)  The article is reprinted and/posted with the permission of the Daily Journal Corp.  The article talks about the huge damages verdicts being handed down by juries across the country, and offers an opinion -- of course, the two authors' opinion -- that Congress should intervene and issue amendments to the patent damages statute that have teeth....particularly, legislation that codifies the key principles of the entire market value rule and apportionment.