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Recent Developments In Patent Damages Litigation - Evolution or Revolution?
from Boston Patent Law Association (BPLA)
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Tuesday, June 10, 2008, 4:00pm - 6:00pm
What is the current status of the law of damages for patent infringement? How has stricter enforcement of the traditional standards for obtaining post-trial injunctive relief following the Supreme Court's eBay decision impacted the assessment of damages? If permanent injunctive relief is denied after a patentee is successful in its suit, must the patentee agree to what is essentially a compulsory license - or will the patentee be able to file one or more suits for damages incurred subsequent to the original judgment? Will different standards be applied to pre-trial damages as opposed to post-trial damages? Can the post-trial infringer be considered a willful infringer? How has Seagate changed willfulness litigation? What is the proposed patent legislation, and how might it affect your damages case?
Speakers and Topics
The eBay Decision
The Honorable Patti Saris of the United States District Court for the District of Massachusetts will discuss potential implications on damages of the U.S. Supreme Court's eBay decision. Judge Saris is well known as one of the preeminent patent jurists in the United States, and has tried many of the major patent suits in Massachusetts in recent years.
Pending Patent Damages Legislation
Creighton Hoffman, of Hoffman, Alvary & Co., LLC will explore pending patent law legislation that would affect damages apportionment. Mr. Hoffman is a nationally recognized expert on damage issues, particularly in patent cases.
The Seagate Decision
William Scofield, Jr. of Lahive & Cockfield, LLP, will discuss recent experiences trying willfulness in D. Mass, and how the Seagate decision will affect future willfulness litigation. Mr. Scofield is an experienced patent litigator.
Moderators
The Co-Chairs of the Litigation Committee, Martin J. O'Donnell and Douglas C. Doskocil, will moderate the discussion, which will include an open forum following the topical discussions. Mr. O'Donnell is a partner with Cesari and McKenna, LLP, with significant patent litigation experience in this district and beyond. Mr. Doskocil is a partner in the litigation department at Goodwin Procter, and litigates patent cases throughout the country and in Asia.
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