Monday, May 15, 2023

PLI IP Discussions—Damages

A few weeks ago, I had the pleasure of participating, along with Shelly Irvine and Megan New, in a Practicing Law Institute (PLI) program moderated by Joshua Simmons and titled "IP DiscussionsDamages."  The program is now available on PLI website, here.  Here is a portion of the program description:    

Damages are an integral part of every litigation.  Yet, there are several ways in which the courts do not approach them in the same manner.  This may be because different causes of action permit different kinds of damages.  It, however, also may be because judges have different perspectives on fundamental damages principles. 

What You Will Learn:

After completing this program, participants will learn: 

• When are enhanced damages permitted? 

• How do you determine when prior agreements are comparables? 

• What circumstances are required to seek extraterritorial damages?

My remarks largely centered on the first and third questions above, as well as unjust enrichment, apportionment, and damages for noneconomic harm.  Feedback welcome!

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