Patent Litigation Damages Awards: Trends, Strategies & Tactics

By Gene Quinn
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 Editor and founder of Gene is also a principal lecturer in the PLI Patent Bar Review Course and an attorney with Widerman Malek. Gene’s specialty is in the area of strategic patent consulting, patent application drafting and patent prosecution. He consults with attorneys facing peculiar procedural issues at the Patent Office, advises investors and executives on patent law changes and pending litigation matters, and works with start-up businesses throughout the United States and around the world, primarily dealing with software and computer related innovations. is admitted to practice law in New Hampshire, is a Registered Patent Attorney and is also admitted to practice before the United States Court of Appeals for the Federal Circuit. CLICK HERE to send Gene a message.

Warning & Disclaimer: The pages, articles and comments on 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 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.