Federal Circuit Tightens Standards for Excessive Patent Damage Awards

Recently, the Federal Circuit has issued a number of important decisions affecting the determination of damages for patent infringement. By statute, a prevailing patent owner may seek two categories of compensation: lost profits and/or a reasonable royalty for the sale of infringing products. The Federal Circuit has signaled significant changes in the methodologies for determining a royalty base, the valuation of patents, and the evidence admissible for such determinations.

Winston & Strawn partner David Enzminger and attorney Jeff Phillips led this practical, interactive discussion that examined these recent decisions and their implications for the changing landscape for calculating patent infringement damages. The program reviewed:

• determination of the appropriate royalty base;
• developments in the application of the “entire market value rule” allowing compensation lost value beyond a patented component;
• changing evidentiary standards for expert reports, including the demise of the 25% rule of thumb; and
• new approaches for assessing patent damages.

An eLunch is a complimentary, interactive seminar where participants watch and listen to a presentation given by Winston & Strawn attorneys over the Internet.

Clients and friends of the firm are invited to attend seminars and events. We reserve the right to limit attendance at any firm event.