1. This coming Wednesday, June 17, at 12:15 Central Time I will moderating a panel titled "A Year in Review - Antitrust Developments 2019-2020," put on by the Minnesota State Bar Association Antitrust Section. I mention it here because the featured topics will include FTC v. Qualcomm and other SEP-related issues. The event is free. Here is a link to register.
2. On Tuesday, June 23, at 15:00 British Standard Time (9:00 a.m. Central Time) OxFirst will be hosting a free webinar at which I will be discussing my paper Damages for Noneconomic Harm in Intellectual Property Law, 72 Hastings L.J. __ (forthcoming). Here is the Zoom link, and here is the webinar description:
This talk offers a comprehensive analysis of awards of “non-economic” damages for reputational and emotional harm in intellectual property (IP) law. It discusses, among other matters, the Second Circuit’s recent decision in Castillo v. G&M Realty LP, affirming a $6.75 million award of statutory damages for the infringement of artists’ moral rights in graffiti art; the European Union’s Intellectual Property Rights Enforcement Directive and its 2016 Liffers decision, which appear to require member states to award, where warranted, non-economic (“moral prejudice”) damages across the full range of IP cases; and some recent arguments in favor of awarding damages for emotional harm in, even, patent infringement actions. Courts should recognize reputational harm as a potentially cognizable injury throughout all of the branches of IP law, but damages for emotional harm should be limited to right of publicity and moral rights matters.
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