Tuesday, June 19, 2018

IP Chat Channel Webinar on Willfulness and Enhanced Damages

Next Tuesday, June 26, from 2-3 p.m. Eastern Time the IP Chat Channel will be presenting a webinar titled Willfulness Since Halo.  I will be one of the speakers.  Here is a link, and here is the description:
Enhanced damages for patent infringement no longer is a rarity in the two years since the Supreme Court lowered the bar for alleging and proving willfulness in its Halo decision. In just the last few months, Illinois federal judge Harry Leinenweber raised Chamberlain's $3.8 million trial verdict to $11.4 million after finding the conduct of a rival garage door opener maker to be egregious. In May Texas federal Judge Rodney Gilstrap found deliberate copying of a Whirlpool water filter design and awarded Whirlpool Corp. $3.8 million in enhanced damages on a $7.6 million verdict.
In this webinar, our expert panel will describe winning corporate strategy and litigation tactics in this new environment. Two of the panelists are litigators with recent courtroom successes involving willfulness issues -- and the third is a leading academic expert on patent law and damages. They will analyze recent case law at both district courts and Federal Circuit and describe:
  • Current pleading standards for willfulness, including proving knowledge of the patent or willful blindness and the impact of letters of counsel
  • The effect of Halo on the availability of pre- suit and post-suit willfulness and the impact of the timing of the notice of infringement
  • The relevance of the Read factors (Read Corp. v. Portec, Inc., Fed. Cir. 1992) for egregious behavior in light of the fact that enhancement needn't always follow a finding of willfulness.

Thomas Cotter is the Briggs and Morgan Professor of Law at the University of Minnesota School of Law in Minneapolis. Prior to joining academia, he clerked for the Hon. Lawrence Pierce, U.S. Court of Appeals for the Second Circuit, and worked in private practice. He is the author of the blog Comparative Patent Remedies and of a book of the same name(Oxford U. Press, 2013).

Richard Megley is a founding partner of Lee Sheikh Megley & Haan, a Chicago IP litigation firm that launched in 2015. All the founders previously worked at Niro, Haller & Niro. Rich has won large damages and royalties for patent plaintiffs, and has led licensing campaigns that have brought in revenues of more than $75 million. This spring he succeeded in fending off enhanced damages at the Federal Circuit for client Drgem Corp., despite a jury finding of willfulness.

Kathi Vidal is a patent litigator and the managing partner of the Silicon Valley office of Winston & Strawn. She has first-chaired many high-stakes litigations involving high tech companies. Earlier in her career, she worked as a systems and software design engineer at GE. This spring she won a jury verdict of willfulness for client Chamberlain Group in the Northern District of Illinois and enhanced treble damages from the judge.
Intellectual Property Owners Association's
     one-hour webinars on current topics in IP,
hosted by Pamela Sherrid,
former editor of IP Law & Business magazine 

$135 per user per webinar
 Academic and government discount available 
through written request to meetings@ipo.org  

To register, please click to

Continuing Legal Education Credit (CLE) is available.

IPO is applying for CLE in a limited number of states. Visit www.ipo.org/IPChatChannel for current CLE information.

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