Winds of Change LES 2023 Annual Meeting

Tag: Litigation

Location: Addison
Time: 3:45 – 4:45 PM

Session description:

This panel will discuss trends in patent damages and valuations that patent owners and licensees should be aware of to maximize value for their organizations.

The speakers have been involved in some of the most notable patent programs and litigation in the last few years, both in the U.S. and in various countries overseas, and will bring unique perspectives and offer valuable practice tips.  The panel will discuss trends, and offer practice tips, in i) global IP enforcement including how to build an effective global IP portfolio and how recent changes in damages law should be considered in building a global IP portfolio, ii) what currently is keeping licensing deals from getting done and how to cut through the red tape, and iii) an identification of the most impactful recent court decisions and how they are affecting patent damages, valuation, and deal flow.

Location: Ballroom
Time: 4:45 – 5:30 PM

Session description:

Apple and Broadcom have filed an appeal to the Supreme Court of the Federal Circuit’s decision in the Apple v. CalTech case, which vacated a $1.1B verdict for CalTech, while confirming the validity of the relevant patents. Join our group of panelists in discussing the District Court and Federal Circuit opinions and the potential impact on patent value and strategy and other recent IP cases involving universities.

Location: Armitage
Time: 9:15 – 10:15 AM

Session description:

This panel will discuss how patent owners can maximize the value of licenses to an entire supply chain through strategic licensing negotiations with upstream component suppliers.

After the Federal Circuit’s recent decision in California Institute of Technology v. Broadcom, component suppliers may face higher reasonable royalty demands in licensing negotiations. (See recent IAM article written by the moderator, “Patent damages precedent makes waves in component suppliers’ negotiations,” available at The Broadcom decision and its application in recent district courts indicate that in patent litigation, reasonable royalty damages should account for the entire value of a patented invention’s use in the marketplace, not merely its use by an individual infringer. As a result, component suppliers may face royalty rates that account for the full value an infringing component contributes throughout a supply chain.

How should licensing professionals address Broadcom in negotiations between patent owners and component suppliers? This panel will discuss Broadcom strategies for licensing negotiations by outlining the relevant underlying legal principles and then examining a hypothetical case study to demonstrate how to model the financial terms of a licensing offer to frame patent owners’ and potential licensees’ corresponding risk exposure to drive settlement and avoid litigation. The panel of experienced patent litigators and licensing professionals will provide attendees a diverse range of perspectives on this topic.

Location: Ballroom
Time: 1:30 -2:30 PM

Session description:

Innovation is risky:  the inventor takes on many risks:  The technology of his invention may fail.   The technology may not be commercially successful.  It may be overtaken by a better innovation.

In the face of these uncertainties,  the inventor should be entitled to enjoy a stable legal environment.  There should be little risk that the legal rights associated with the inventor’s patent; its exploitation; and its enforcement are subject to frequent, abrupt change.  The inventor should benefit from well settled rules applied by neutral courts and by the patent office and other neutral expert government agencies.

But now it seems that patent stability is lost:  patent rules and policy are influenced by election returns and turnover at regulatory agencies.  And impacted by political concerns about national security, industrial policy and  national sovereignty,  In some territories counterfeiting and other forms of IPR piracy have reappeared.

The panel will explore these issues and – if possible – propose solutions!

Location: Belmont
Time: 11:15 – 12:15 PM

Session description:

The session will provide an overview of design patent damages, including recent updates in case law. Design patent damages remedies will be compared and contrasted to available remedies in utility patent damages litigation.

The session is directed towards newer practitioners or experienced practitioners with limited exposure to design patent litigation. The speakers will explain the differences between design and utility patents and available damages remedies, and answer the following questions:i.What is the distinction between a design patent and an article of manufacture?
ii.Understanding the Supreme Court’s two-part test to determining design patent damages.
iii.Availability of damages for utility and design patents on the same article of manufacture.
iv.The availability of profit disgorgement as a remedy for design patent infringement.

Location: Ballroom
Time: 4:00 – 5:00 PM

Session description:

This workshop identifies the Top 10 court decisions over the past year that affect licensing. This workshop explores the implications of each case on how we draft and negotiate patent license agreements. We will highlight the issues these cases raise and make suggestions for ways to address those issues when drafting and negotiating agreements.