1. The Intellectual Property Owner's Association (IPO) is holding a Damages and Injunctions Committee Conference in Chicago on June 7, 2017. Here is a link to the website, and here is a description of the program:
A one-day program, organized by IPO’s Damages & Injunctions Committee. Panel discussions will address strategies and procedural considerations for litigating damages/remedies issues; economic tools useful in apportioning for value of the IP at issue; recent developments in damages/remedies law; and the continuing evolution of patent damages law associated with apportionment for the footprint of the patent.It looks like there will be lots of interesting speakers, including (among others) Judge Cathy Ann Bencivengo; attorneys Morgan Chu and Ed Reines; economists John Jarosz and Alan Cox; and Professors Sarah Burstein, Jonathan Masur, and Jeffrey Prince. I'd love to attend myself if I could, but I'll be enjoying the midnight sun in Finland.
2. The Sedona Conference will be hosting a webinar titled "Early Consideration of Patent Damages" on June 13, 2017, from 1-2:30 p.m. Eastern Time. Here is a link to the website, and here is a description:
Damages issues have received substantial attention from the Federal Circuit over the past several years, as the Court has attempted to provide guidance to litigants and the district courts in the face of public concerns about eight- and nine-figure patent damages awards. This attention has led has led to the rapid evolution of a complex area of law, and - perhaps counterintuitively - unpredictability about the viability of damages theories. To assist litigants and the courts, the Sedona Conference's Working Group 9 on Patent Damages and Remedies (WG9) developed a Proposed Model Local Rule for Damages Contentions, which provides for an early exchange of damages-related information to enable the parties to develop and disclose their damages theories earlier than might otherwise occur, and thus to allow for orderly Daubert and pretrial processes.
In furtherance of this effort, WG9 has also developed a framework for early damages-focused hearings (to be published shortly), to allow for a pre-Daubert discussion of damages theories with the court in order to clarify and narrow and damages-related disputes, and to simplify Daubert and pretrial proceedings. These efforts of WG9 have garnered significant attention from the patent community. Indeed, the Northern District of California has adopted a rule reflecting a substantial portion of WG9's Proposed Model Rule on Damages Contentions, and other courts have considered The Sedona Conference's Principles and Best Practice recommendations in individual patent litigation matters as well.
This webinar broadens the discussion so that litigants and courts around the country may gain the exposure to these proposals and consider how they can be incorporated into appropriate cases to bring efficiencies to patent litigation.
This is the first in a series of monthly/bi-monthly webinars that WG9/WG10 (Patent Litigation Best Practices) will be hosting the rest of 2017, in conjunction with no less than nine forthcoming publications each providing Principles and Best Practice consensus, non-partisan recommendations, representative of all stakeholders in the patent system in true The Sedona Conference fashion.
Moderated by:The webinar is scheduled for 90 minutes, during which time you may text your questions to the panel, who will endeavor to address all that time allows.
|Andrea Weiss Jeffries,
WilmerHale, Los Angeles, CA
|Hon. Cathy Ann Bencivengo, U.S. District Judge, S.D. Cal., San Diego, CA|
|Melissa Finocchio, Intellectual Ventures, Bellevue, WA|
|John C. Jarosz, Analysis Group, Inc., Washington, DC|
|Hon. John Love, U.S. Magistrate Judge, E.D. Tex., Tyler, TX|