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The Basics of Patent Damages

Thursday, June 12, 2014 12:00 PM to 1:00 PM
Boston Bar Association - 16 Beacon Street, Boston, MA


This one-hour session will provide the basics on patent infringement damages:

  • Remedies available under 35 USC Section 284, as well as limits thereon 
  • Recent court decisions reining in damages 
  • Reasonable royalties topics (established rates, hypo negotiation under GP, comparable licenses, design-around and analytical approaches and rules-of-thumb) 
  • Lost profits topics (but for concept, Panduit factors, Rite Hite, Mor-Flo and Grain Processing decisions and concept of incremental profitability) 
  • Other considerations in damages (design patents' disgorgement of D's profits, willfulness enhancement, EMVR hurdles) 
  • Injunctive relief - what post-eBay decisions teach us

Sponsoring Section/Committee(s):




Elizabeth Vincensi


BBA Event Calendar