Partner Lawrence Sung will moderate a panel discussion presented by Law Seminars International on Litigating Willful Infringement: Practical and Strategic Considerations in the Wake of Bard Peripheral V. W.L. Gore on September 11 from 10:00-11:30 am Pacific / 1:00-2:30 pm Eastern.
In this 90-minute TeleBriefing, panel members will offer detailed insights on how to establish and maintain an operational culture effectively to minimize the possibility of being held a willful infringer, as well as how to lay a foundation to prevail upon a claim of willful infringement against the infringing party. Participants will gain a deep understanding of the various potential risks and liabilities involved and how to manage them.
Who Should Call In
Company counsel, executives and strategic managers; private attorneys; university technology transfer officers; and anyone involved in the planning and implementation of intellectual property strategies that include patent infringement liability risk management.
Why You Should Call In
As compensatory damages for patent infringement continue on a trajectory toward multibillion dollar awards, the consequence of treble or otherwise enhanced awards due to willful infringement findings is of increasing concern. While the federal courts, in particular the U.S. Court of Appeals for the Federal Circuit, which is the exclusive forum for the appeal of patent cases from trial courts nationwide, have offered some guidance in recent years regarding the significance of exculpatory opinions of independent counsel to willful infringement determinations, many open questions remain regarding the wide discretion that trial judges have to fashion an appropriate remedy.
Many of the influencing factors in a willful infringement analysis by the trial courts depend on conduct and circumstances involving the actors long before they became parties to the patent infringement litigation. Accordingly, being forewarned is being forearmed.