Patent Damages

Case Law Trends for Patent Damages

Please join me on Thursday, May 29th, when I speak about “Case Law Trends for Patent Damages” at the Law Seminars International “Litigating Patent Damages” Conference at the San Francisco Marriott Union Square Hotel.  My presentation will provide a big picture overview of key cases and the search for guidance.  Please click here to register or view the conference brochure.


The Continuing Evolution of Patent Damages: What You Don’t Know May Hurt You

This Wednesday, December 4, 2013, we will be presenting via the web on The Continuing Evolution of Patent Damages: What You Don’t Know May Hurt You. This is the next webinar in Fish & Richardson’s INSIGHTS webinar series.

Despite congressional and judicial efforts aimed at reining in patent damages, the law still lacks clarity in many areas. As the courts impose new legal restraints, clever litigants hatch novel damages theories in an effort to skirt those restraints. Today, the world of patent damages continues to evolve: solve one problem (such as the entire market value rule in reasonable royalty cases), and new issues pop up around it. You may feel damages is like a game where you overcome one hurdle, only to have another jump up out of nowhere.


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!