Damages in Patent Infringement Lawsuits
Training Event Transcripts
January 14, 2011
Richard F. Bero, CPA/ABV, CVA, CLP, CFF
Robert A. Surrette, Attorney at Law
As Rick Bero points out in The Comprehensive Guide to Lost Profits Damages, the number of patent infringement lawsuits filed in the United States has been on the rise since the 1980s. Governed by Section 284 of Chapter 29 of the U.S. Patent Act, these damages claims require damages awards to be "in no event less than a reasonable royalty for the use made of the invention by the infringer." As Bero points out, "to accomplish this goal, a damages analysis reconstructs the market to project economic results that did not occur."
In Part 2 of BVR's Advanced Webinar Series on Lost Profits Damages, Bero and Robert Surrette guide listeners through this hypothetical exercise while examining the nuances of patent damages, their related case law, and valuation factors unique to these claims. Under the tutelage of these two experts, attendees learn how to navigate the hellish marriage of patent valuations and lost profits claims.