This panel is a follow-on to our panel at the October 2019 LES annual meeting on a similar topic, which was attended by approximately 70 people and well-received. We will address recent decisions and trends in damages law and the extent to which they are influencing patent licensing negotiations, both in industry and education licensing. This panel will also offer strategies and best practices for patent license negotiations. The topics covered include what is influencing the reasonable royalty discussion? What impact have industry organization like LES and AUTM had through their surveys on how to calculate it? How has 35 U.S.C. 101 affected the ability to get licensing deals done and has there been progress for licensors based on new Patent Office leadership? What types of clauses in patent licenses have corporations and universities started to include to mitigate the risk for IPRs (e.g., reasonable royalty increases if the licensee files an unsuccessful IPR)? How (if at all) are recent Supreme Court damages decisions impacting negotiations (e.g., WesternGeco on obtaining foreign damages)? Is it better in the current climate to attempt to license pre-suit or at a later date?

Session Pricing:

$49