CRA is a proud sponsor of the conference where 100% of the speakers will be women, and speakers for this program will have varying levels of expertise. As opportunity is essential to achieving success, younger, rising stars will be included on panels along with seasoned, “Masters Level” women who are at the highest levels of the industry.
Erin Crockett is a panelist during the session titled “Patent Damages: Understanding What is Really at Stake.”
Patent litigation is high-stakes by nature—but the true value of a case hinges on how damages are calculated, presented, and ultimately awarded. But what will be the future of patent damages—and in particular expert testimony—after the Federal Circuit’s en banc decision in EcoFactor v. Google? Unfortunately, after granting en banc rehearing limited the issues surrounding the district court’s adherence to Federal Rule of Evidence 702 and Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), the Federal Circuit said very little about either Rule 702 or Daubert. Undoubtedly, this case will not be the last word in expert testimony admissibility in patent infringement matters.
This panel will explore the complex and evolving landscape of patent damages, shedding light on key legal standards, economic theories, and strategic considerations that drive outcomes in court and at the negotiating table. Panelists will discuss recent case law, trends in reasonable royalty and lost profits analysis, the role of expert testimony, and the impact of apportionment, willfulness, and injunctions.
For more information on this event, click here.
