Patent Infringement Damages: Building Damages Analyses to Last in the Wake of MLC International v. Micron Technology
With the ever-changing regulatory trends involving patent infringement, lawyers should be competent in furnishing a sound damage analysis to mitigate risks and effectively respond to damage discovery. Reasonable royalties are by far the most common form of damages awarded among the primary remedies available in patent infringement cases. However, the implications of MLC International v. Micron Technology have left questions among patent litigators, particularly on the required disclosure of a royalty rate during fact discovery.
Listen as a panel of distinguished professionals organized by The Knowledge Group provide a comprehensive discussion of the recent developments and legal issues surrounding patent infringement cases. Speakers, among other things, will discuss the role of patent litigators and economic experts in framing out and filling in a survivable damages analysis, including:
- An overview of patent infringement damages, including reasonable royalty damages, and the implications of MLC International v. Micron Technology
- Discussion of the application of MLC in the district courts
- The roles of counsel and experts in furnishing the materials for a sound damages analysis and the perils of failing to take and respond to damages discovery
- The timing of discovery efforts directed to damages
- The use of summary judgment and motions in limine to weed out unsound damages analyses and keys to survival when defending against such claims
Learning Objectives:
- Identify the recent developments in patent infringement damages and the impact of MLC International v. Micron Technology
- Recognize the role of counsel and experts in building a sound damages analysis
- Identify the proper use of summary judgment and limine motions in patent litigation and practical tips to defend against such claims