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.

• Introduction
• Patent Damages Overview:  Lost Profits / Reasonable Royalty
• Evolution of the Entire Market Value Rule
  • Supreme Court Cases – the Origin
  • Early Federal Circuit Cases (1984-1986)
  • Subsequent Federal Circuit Cases
  • Entire Market Value Rule or Convoyed Sales?
  • Cornell Univ. v. Hewlett-Packard Co. (2009)
  • Lucent Tech. Inc. v. Gateway, Inc.(2009)
  • Cases Following Lucent (including Uniloc)
  • Discussion Topics
• Conclusion
• Q&A

• Understand the basis for lost profits claims and analysis in patent infringement cases
• Learn how current patent infringement analysis methods and tactics came about and how they've been shaped by relevant case law
• Learn what the growth of patent infringement cases and awards means for the practice of determining these claims and their value