Intellectual Property Owners Association

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IP Chat Channel

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Intellectual Property Owners Association’s weekly
one-hour webinar series on current topics in IP

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Registration Fee: $135 per user
Save with an Unlimited Annual Pass
Government/Academic Rates are
available upon written request to
meetings@ipo.org

Hosted and produced by
journalist Pamela Sherrid
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2018 Scheduled Webinars

Willfulness since Halo

Tuesday, 26 June 2018 2:00PM-3:00PM ET

Enhanced damages for patent infringement no longer is a rarity in the two years since the Supreme Court lowered the bar for alleging and proving willfulness in its Halo decision.  In just the last few months, Illinois federal Judge Harry Leinenweber raised Chamberlain’s $3.8 million trial verdict to $11.4 million after finding the conduct of a rival garage door opener maker to be egregious.  In May, Texas federal Judge Rodney Gilstrap found deliberate copying of a water filter design and awarded Whirlpool Corp. $3.8 million in enhanced damages on a $7.6 million verdict.

In this webinar, our expert panel will describe winning corporate strategy and litigation tactics in this new environment.  Two of the panelists are litigators with recent courtroom successes involving willfulness issues — and the third is a leading academic expert on patent law and damages.  They will analyze recent case law from both district courts and the Federal Circuit and describe:

  • Current pleading standards for willfulness, including proving knowledge of the patent or willful blindness, and the impact of letters of counsel;
  • The effect of Halo on the availability of pre- suit and post-suit willfulness and the impact of the timing of the notice of infringement; and
  • The relevance of the Read factors (Read Corp. v. Portec, Inc., Fed. Cir. 1992) for egregious behavior in light of the fact that enhancement needn’t always follow a finding of willfulness.

Speakers:

  • Prof. Thomas Cotter, University of Minnesota
  • Richard Megley, Lee Sheikh Megley & Haan LLC
  • Kathi Vidal, Winston & Strawn LLP

Foreign Damages After Western Geco 

Thursday, 12 July 2018 2:00PM-3:00PM ET 

Speakers:  

  • Buckmaster de Wolf, General Electric Company 
  • Bart Eppenauer, Shook, Hardy & Bacon LLP 
  • Blair Jacobs, Paul Hastings LLP