Calculating Patent Damages: Key Developments and Notable Cases Explored
In February 2022, the United States Court of Appeals for the Federal Circuit (CAFC) revoked the decisions on Apple Inc. v. Wi-LAN Inc. and California Inst. of Tech. v. Broadcom Ltd. due to flawed expert opinion. This resulted in the vacation of previous verdicts of $85 million and $1.1 billion and the remand of new trials on damages.
This notable development underscores the significance of an expert’s opinion being tethered to the facts of the case to ensure its admissibility. As these and other notable court rulings, provide considerable implications for the calculation of patent damages moving forward, plaintiffs and practitioners alike must keep themselves apprised of emerging developments.
Listen as IP specialist Kathleen Akers (Epsilon Economics) and experienced testifying expert Joanne Johnson, CPA, CLP (Ocean Tomo LLC) provide an in-depth discussion of the latest trends and notable court rulings impacting patent damages calculation. Speakers, among other things, will also offer useful tools and the best calculation techniques to avoid pitfalls.
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Director at Epsilon Economics
Kathleen Akers is a Director at Epsilon Economics specializing in applying economics to intellectual property, international trade, and complex commercial disputes. Kathleen has assisted in preparing numerous expert reports submitted to U.S. Federal District Courts, the U.S. International Trade Commission, the International Court of Arbitration, as well as provided consulting services for clients across a wide range of industries. Kathleen has performed economic analysis for international trade disputes regarding domestic industry, remedy, bond, commercial success, injury, and public interest in Section 337 intellectual property matters before the U.S. International Trade Commission.
Senior Director at Ocean Tomo LLC, a part of J.S. Held
Joanne Johnson is a Senior Director at Ocean Tomo, a part of J.S. Held. She works in Ocean Tomo’s Intellectual Property Disputes Financial Expert Testimony practice in the firm’s Chicago headquarters. The practice quantifies economic damages arising from Intellectual Property disputes and provides general litigation support. Ms. Johnson has consulted on various engagements involving the determination of economic damages for patent infringement. While specific issues vary by engagement, most have included evaluation and analysis of financial and strategic data to support or rebut quantification of lost profits, reasonable royalties, price erosion, and/or unjust enrichment.
