Lessons for Businesses

Date: Thursday, October 25, 2007

Location: Suffolk University Law School, 120 Tremont St., Boston, MA
Time: 04:00 PM - 07:00 PM

Patents can form a powerful role in the economic value of a business. An essential component of the value of a patent is an ability to claim substantial damages; a strong infringement case for a small amount of damages is not compelling in a litigation setting and it does not make a compelling case for the protection of a market. To maximize the value of a patent, one must understand how it is determined.

This program looks at how patents are valued in two settings, the litigation setting and an investment setting – focusing on how that impacts what attorneys and businesses can do in advance of either event. Many factors influence the value of a patent, including how its claims are written, how it is prosecuted, internal procedures for patent maintenance and even how it is talked about within the company.

For the litigation setting, you will hear from a leading expert about how he approaches setting a value on a patent, in preparation for testimony at trial, as well as statistics in the magnitude of typical damages awards. In addition, you will hear from a leading patent litigator about how damages evidence is presented, and what you can do to make sure that you are in the best position to claim maximum damages in a future litigation – including considerations for how to draft claims in a patent, how to preserve evidence for a future damages claim, and how to structure licensing deals to avoid prejudicing a future damages claim.

From the investment side, you will hear from a prominent venture capitalist and a leading corporate attorney about the role patents play in determining whether to make an investment and how much. This will include information on how the diligence process unfolds and suggestions for how to make sure that, when the time comes, you are in the best possible position to raise funds or be acquired.