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Patent Litigation Damages Awards: Trends, Strategies & Tactics

By Gene Quinn on June 3, 2014

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.

The Author

Gene Quinn

Gene Quinn is a patent attorney and the founder of IPWatchdog.com. He is also a principal lecturer in the PLI Patent Bar Review Course, which helps aspiring patent attorneys and patent agents prepare themselves to pass the patent bar exam.

Gene’s particular specialty as a patent attorney is in the area of strategic patent consulting, patent application drafting and patent prosecution. He has worked with independent inventors and start-up businesses in a variety of different technology fields, but specializes in software, systems and electronics.

is admitted to practice law in New Hampshire, is a Registered Patent Attorney licensed to practice before the United States Patent Office and is also admitted to practice before the United States Court of Appeals for the Federal Circuit.

Gene is a graduate of Franklin Pierce Law Center and holds both a J.D. and an LL.M. Prior to law school he graduated from Rutgers University with a B.S. in Electrical Engineering.

You can contact Gene via e-mail.

Warning & Disclaimer: The pages, articles and comments on IPWatchdog.com do not constitute legal advice, nor do they create any attorney-client relationship. The articles published express the personal opinion and views of the author and should not be attributed to the author’s employer, clients or the sponsors of IPWatchdog.com. Read more.

Discuss this

There are currently 2 Comments comments.

  1. NWPA June 3, 2014 11:47 am

    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. Anon June 3, 2014 12:21 pm

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