Emerging Enterprises Committee Webinar
Apportioning Patent Damages: How Recent Federal Circuit Decisions Will Impact Patent Drafting, Enforcement, and Licensing for Manufacturing Companies
Monday, June 18, 2018
12:00 - 1:00 p.m. (Eastern)
11:00 a.m. - 12:00 p.m. (Central)
10:00 - 11:00 a.m. (Mountain)
9:00 - 10:00 a.m. (Pacific)
Potential patent damages are a primary driver when deciding to bring, defend, or settle patent litigation. And they also factor heavily into manufacturers’ licensing and freedom-to-operate decisions. But identifying the potential liability based on the value added by a patented feature can be complex, particularly in products that combine conventional technologies with patented features.
In this webinar, we will discuss two recent Federal Circuit decisions, Exmark Manufacturing Co. Inc. v. Briggs & Stratton and Finjan Inc. v. Blue Coat Systems, Inc. addressing apportionment of patent damages in multi-component products. We will consider practical guidelines for manufacturers attempting to assess potential patent damages during patent clearance, licensing discussions, or litigation. We will also discuss strategies for structuring patent applications and claims to capture the value of multi-component products.
Join us as we discuss:
· What is apportionment and how is it affected by claim scope?
· Whether the damages analysis start from the value of the patented feature or from its contribution to the overall product?
· How do conventional product features impact patent damages?
· How can manufacturers draft patent applications to better capture the value of their inventions?
· What evidence and litigation strategies can manufacturers use to improve their damages analysis?
Jeff Totten - Partner, Finnegan
Jeff Totten, a partner in Finnegan’s Washington, DC office, focuses his practice on trial-level patent and trade secret litigation, post-grant validity challenges, client counseling, and patent portfolio development in the mechanical and electrical fields. He enjoys working with manufacturers to achieve their business goals in court, at the patent office, and across the negotiating table.
Timothy McAnulty - Partner, Finnegan
Timothy McAnulty, a partner in Finnegan’s Washington, DC office, practices all aspects of patent law, including district court litigations, post-grant proceedings, due diligence, strategic counseling, freedom-to-operate studies, opinion writing, and portfolio development. He represents clients across a wide range of technologies and works closely with them to develop strategies aligned with their business goals.