Patent Law

Incremental Advantage will host the above-titled conference in Washington, DC and via webinar:

Patent damages are outlined in the 35 USC § 284 statute and state that a patent holder is entitled to at least a reasonable royalty as damages. This code also defines the compensatory nature of patent damages and allows for any damages necessary to adequately compensate the patent holder. The compensatory damages can include lost profits, price erosion, harm to company?s reputation, harm to company?s relationships with its customers and suppliers, and so on (besides a reasonable royalty).

This course is designed to address the issues that arise in the determination of reasonable royalty damages. We start with the basics of how to determine a reasonable royalty including:

> The Georgia-Pacific factors

• Rates for other similar patents
• Nature and scope of license
• Commercial relationships
• Duration of patent and term of license
• Extent of infringer use of invention
• Other

> Cost of next best alternatives

> Milestone payments

This course will also discuss how to determine the lost sales and associated lost profits using incremental costs approach. It will look into methods used to assess price erosion and other economic harms to the patent holder. Note, patent damages do not allow for disgorgement of the infringer?s profit unless it is a design patent.

This course will be held on:

1. Washington DC - January 28, 2010
2. Webinar - January 28, 2010
3. Webinar - March 23, 2010

Click here for more information, schedule of dates and times and to register!