The Battle for Big Numbers: How Patent Owners Can Actually Get Paid*

The Battle for Big Numbers: How Patent Owners Can Actually Get Paid*

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With the dramatic decrease in inter partes review challenges at the Patent Trial and Appeal Board (PTAB), patent owners are understandably optimistic about the future. Now does indeed seem to be a good time for patent owners who have been on the sidelines to accelerate patent enforcement campaigns. Of course, patent enforcement only creates value for patent owners if it converts liability into dollars, whether through arms-length licensing or litigation.

This panel will examine the full lifecycle of patent damages—from enforcement campaign design through verdict, enhancement, settlement, and post-judgment recovery. The discussion will move beyond abstract doctrine and focus on execution: how patent owners build a credible economic case that creates licensing leverage, can withstand scrutiny in court, and ultimately results in payment.

Panelists will address the realities of jury dynamics and how damages narratives must be framed for lay decision-makers without sacrificing economic rigor. We will examine apportionment battles, the entire market value rule, and strategies for tying royalty theories to the incremental value of the patented technology. The conversation will also cover the role of comparable licenses in reasonable royalty analysis—how they are identified, challenged, adjusted, and defended—alongside broader valuation frameworks used in litigation. In addition, the panel will analyze willfulness strategy and enhanced damages leverage, including how pre-suit conduct, opinions of counsel, and litigation posture influence exposure and settlement pressure.

The discussion will extend to royalty modeling, including rate-setting methodologies, global portfolio dynamics, and the intersection of contract principles and patent law. Finally, panelists will explore what happens after the verdict: ongoing royalties, injunction alternatives, collection realities, and structuring post-judgment remedies to ensure that a paper victory becomes an actual recovery. The objective is straightforward—equip practitioners and patent owners with a practical, integrated damages strategy that translates infringement findings into meaningful financial return.

Survey

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Materials

1. Old Method, New Applications in Damages Calculations
2. Split En Banc CAFC Says Google Gets a New Trial on Damages, Scrapping $20 Million Award for EcoFactor
3. Stay on Top of Hot Topics in Patent Damages Litigation
4. How Recent Patent Damages Precedent May Increase Reasonable Royalty Awards