On Wednesday, February 24 at 2 p.m. EST, the IPO Chat Channel is presenting a webinar on damages for extraterritorial infringement. This is a hot topic in U.S. patent law, and one that I have blogged about several times--most recently earlier today, concerning the settlement between Marvell and Carnegie Mellon (see this post below). Here is a link to the webpage, and here is a description of the webinar:
One of the biggest unresolved legal issues in IP is whether reasonable royalties on domestic use of a patented technology can include extraterritorial sales as part of the royalty base. The resolution of that question, including issues such as whether a sale may have more than one location, is likely to have far-reaching consequences, not just for damages quantification, but also for where companies choose to conduct their R&D and sales support.
Patent owners and possible infringers face several years of considerable uncertainty. Our panel will clarify the issues and give advice on restructuring license agreements in light of the latest case law. Last year's Federal Circuit decision in Carnegie Mellon v. Marvell is awaiting a new district trial on remand and likely subsequent appeals, but savvy licensors can respond with new royalty structures. Our panel includes a litigator who is involved in long series of cases involving foreign sales; a law professor who studies extraterritoriality; and a damages expert.
Panelists will be Blair Jacobs of Paul, Hastings; Professor Amy Landers of Drexel University; and David Harkavy of the Claro Group.