Calculating Medical Device Patent Damages

• •Edwards Lifesciences LLC v. Medtronic CoreValve LLC — $394 million verdict
• •Alfred E. Mann Foundation v. Cochlear Corp. — $131 million verdict
• •Tyco Healthcare Group LP v. Ethicon Endo-Surgery, Inc. — $140 million verdict
• •Syntrix Biosystems, Inc. v. Illumina Inc. — $96 million verdict
• •Smith & Nephew Inc. v. Arthrex Inc. — $85 million verdict

Matthew Blackburn shares seventeen years of experience drafting and litigating medical device patents. He reviews the implications of breaking case law, imparts practical business guidance related to patent litigation, and provides detailed case studies for calculating patent damages awards for medical device companies.

Unless you know the answers to the following questions, this webinar is essential viewing.

• •Three methods for attacking adverse jury awards
• •The impact of the Book of Wisdom on imposed royalty rates
• •Risks associated with accelerated patent examination
• •The evolving relevance of the Georgia-Pacific factors
• •Claim scope and drafting considerations when asserting medical device patents
• •Extra-territorial conduct and recovery of lost profits
• •The effect of dedicated sales companies on lost profits damages
• •Negotiating leverage under the Nash Bargaining Solution
• •Vulnerabilities of method-of-treatment claims following FDA approval
• •When business considerations counsel against pursuing infringers
• •What constitutes notice of suspected infringement
• •Recovering lost profits on foreign sales
• •Apportionment versus the Entire Market Value Rule
• •The merits of the Analytical Method for reasonable royalty damages
• •Risks of allowing researchers to review competitor patents

Patent litigation cases discussed include:

• •Datascope Corp. v. SMEC, Inc.
• •Scimed Life Systems, Inc. v. Johnson & Johnson
• •LaserDynamics v. Quanta Computer
• •WhitServe LLC v. Computer Packages, Inc.
• •Energy Transportation Group, Inc. v. Wm. Demant Holdings A/S
• •Tomita Technologies USA, LLC v. Nintendo Co.
• •Calico Brand, Inc. v. Ameritek Imports, Inc.
• •Mars, Inc. v. Coin Acceptors, Inc.
• •Power Integrations v. Fairchild Semiconductor
• •Microsoft Corp. v. AT&T Corp.

Course Leader

Matthew Blackburn
Managing Partner, Locke Lord LLP

Matthew Blackburn is the Managing Partner of the Locke Lord LLP San Francisco office. He advises the medical products industry on all aspects of intellectual property, including litigation, counseling, and patent procurement.

A USPTO-registered patent attorney, Mr. Blackburn has served as lead trial counsel in patent infringement litigation and has rendered opinions on validity, infringement, and freedom to operate across technologies such as vascular grafts, stent-grafts, endovascular delivery systems, catheters, pharmaceuticals, and polymeric compositions.