February 04, 2025 - 12:00 PM - 1:00 PM ET

Lexology

Patent Litigation as a Business Dispute: Strategies Centered on Damages

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Webinar

The traditional approach to patent litigation is to view it almost exclusively as a dispute over technologies, where nuances of infringement and invalidity are central. While technological issues are obviously an important aspect of patent litigation, a more modern and sophisticated approach to patent litigation views it largely as a dispute over the value of given patents and technologies. In other words, patent litigation is as much a business dispute as a technology dispute. From a plaintiff's perspective, the litigation is about obtaining appropriate compensation for its government-endorsed monopoly right, which it may have obtained through years of trial, error, investment, and invention. From a defendant's perspective, the key factors in litigation are often risk mitigation, expense control, proving the quality and value of the defendant's own R&D, sales and marketing efforts, and deterring future suits.

Achieving success in a patent litigation today, whether as a plaintiff or a defendant, therefore requires an attorney to place damages and other business issues at the center of their litigation strategy from the very beginning.

This seminar will discuss what it means to litigate patent disputes with damages considerations and business goals at the center of the case, in order to achieve a fulfilling business resolution. It will focus on the latest developments that contemporary patent litigators need to know to ensure they are not employing outdated strategies.

Speakers:

Manny Caixeiro, Partner, Venable LLP

Elizabeth Manno, Partner, Venable LLP

Sophia Gunzburg, Associate, Venable LLP