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Patent Litigation Damages Awards: Trends, Strategies & Tactics


Written by Gene Quinn
Patent Attorney & Founder of IPWatchdog
Zies, Widerman & Malek
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Posted: Jun 3, 2014 @ 8:00 am
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Damages awards in district court patent cases continue rise, and at alarming rates for those who find themselves on the losing, infringer end of the lawsuit. According to data from Lex Machina, in 2013, average patent infringement awards increased 28% and median patent infringement awards increased 22% when compared with infringement damages awards during 2012.

According to data from Lex Machina’s recently released 2013 Patent Litigation Year in Review, the 10 largest damages awards during 2013 ranged from a $1 billion award, to Monsanto from DuPont for infringement of a patent for genetically modified seeds, to just over $15 million, to Tomita from Nintendo for infringement of a video camera image system.

Table 26 from the aforementioned Lex Machina Year in Review shows the top 10:

The question for in-house attorneys, as well as for plaintiffs attorneys, is whether this trend will continue in 2014 and beyond. To address that question, and many others, Lex Machina is hosting a luncheon and panel discussion to mark the release of a special report on trends in damages awards. The panel discussion will be broadcast on the Web.

The panel on damages will include discussion of trends in awards for reasonable royalties, lost profits, enhanced damages and attorneys fees, by districts, judges, parties, law firms and patents. The panel will also discuss how to employ damages analytics to inform strategy, choose tactics and produce winning results.

The program will take place on Tuesday, June 17, 2014, at 12pm PDT, 3pm EDT. The panelists include:

  • Mark Lemley – Professor, Stanford Law School; Partner, Durie Tangri
  • James Yoon – Partner, Wilson Sonsini Goodrich & Rosati
  • Marta Beckwith – Vice President Legal, Aruba Networks
  • Renny Hwang – Litigation Counsel, Google
  • Owen Byrd – General Counsel, Lex Machina (moderator)

To attend this free webcast you can Register Here.


About the Author

is a US Patent Attorney, law professor and the founder of IPWatchdog.com. He is also a principal lecturer in the top patent bar review course in the nation, which helps aspiring patent attorneys and patent agents prepare themselves to pass the patent bar exam. Gene started the widely popular intellectual property website IPWatchdog.com in 1999, and since that time the site has had many millions of unique visitors. Gene has been quoted in the Wall Street Journal, the New York Times, the LA Times, USA Today, CNN Money, NPR and various other newspapers and magazines worldwide. He represents individuals, small businesses and start-up corporations. As an electrical engineer with a computer engineering focus his specialty is electronic and computer devices, Internet applications, software and business methods.

2 comments
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  1. Of course, if Lemley is on a panel, there should be someone to counter his anti-patent rhetoric. I don’t see anyone on that panel but patent haters.

  2. Note too the link between the moderator and the aforementioned Lemley.