Patent Litigation Damages Awards: Trends, Strategies & Tactics

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.


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 as of the time of publication and should not be attributed to the author’s employer, clients or the sponsors of

Join the Discussion

2 comments so far.

  • [Avatar for Anon]
    June 3, 2014 12:21 pm

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

  • [Avatar for 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.

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