Evidentiary Strategies in Patent Damages Litigation

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A common starting point for calculating damages in patent infringement actions is the reasonable royalty — the royalty that the patentee and the infringer would have agreed upon in a hypothetical negotiation as a willing licensor and a willing licensee at the time infringement began. Calculating a reasonable royalty in any specific case is among the most intricate and complex endeavors in patent law and is riddled with admissibility hurdles.

On June 26, please join attorneys Katie Prescott and Kate Quisenberry for a discussion of how to use (or avoid the use of) license agreements, settlement negotiations, and prior jury verdicts when presenting patent damages. Our hosts will answer the following questions and more:

• When are settlement agreements and negotiations admissible as bases for damages theories?
• Can you use past jury verdicts as a basis for a damages theory?
• How do you show technical and economic comparability?
• What adjustments are necessary for differences between the hypothetical negotiation and the comparables?

If you have any questions, please contact [email protected].