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McAndrews Shareholder Christopher V. Carani Invited to Speak at Law Seminars International’s Advanced Conference on “Calculating & Proving Patent Damages”

Date: September 17, 2014 || McAndrews News

Damages verdicts in patent cases can run into the hundreds of millions of dollars, yet the law governing patent damages remains murky. Over the last several years, various courts, including the Federal Circuit, have weighed in on a wide variety of significant damages issues. As a result, the law of damages has undergone significant change, and parties arguably have less ability to predict their likely recovery or exposure.

To help patent trial lawyers, in-house attorneys and business executives better understand the state of the law with respect to patent damages, McAndrews Shareholder Christopher V. Carani, Esq., has been invited to speak at Law Seminars International’s (LSI) advanced conference on “Calculating & Proving Patent Damages” in Chicago on November 6-7, 2014.

Carani, recognized internationally as a leading authority in the field of design law, will present on November 6 on the topic of “Injunctions and Damages for Design Patent Claims vs. Utility Patent Claims.” The presentation will focus on the statutory provisions for design patent damages codified in 35 U.S.C. § 289, which provides for disgorgement of the infringer’s “total profits.”  This equitable remedy is available only for design patent infringement, not utility patent infringement. Carani will present a detailed analysis of the historical evolution, meaning and reasoning behind the provision. William L. Roberts, Esq., Faegre Baker Daniels LLP, will co-present and address utility patents.

At the comprehensive two-day conference, leading judges, attorneys and damages experts will describe the current law, discuss best practices for litigating patent damages and offer their insights regarding the future of patent damages. Attendees will learn:

  • Case law trends for patent damages
  • Judicial view of decisional trends for patent damages
  • Causation: How does the plaintiff prove that the patented feature has value and contributed to demand?
  • Injunctions and damages for design patent claims vs. utility patent claims
  • The Entire Market Value Rule
  • Role of the expert after Apple v. Motorola
  • How to construct the hypothetical negotiation in light of recent law
  • Foreign sales and the use of analytical methods to measure value
  • Determining reasonable royalty rates for FRAND encumbered patents
  • Patent valuation
  • Calculating market shares in lost profits calculations
  • Splitting profits between patent owners and manufacturers
  • Apportionment when there are several blocking patents
  • Case management: Damages strategies for rocket docket cases

Christopher V. Carani, Esq., counsels clients on a wide range of strategic design protection and enforcement issues. He is the immediate past Chair of the American Bar Association’s Design Rights Committee, and the past chair of the American Intellectual Property Law Association’s Committee on Industrial Designs. He has litigated numerous disputes regarding design rights and has served as a legal consultant and expert witness in design law cases in a wide range of industries, including consumer electronics and accessories, consumer retail products, furniture, medical devices, apparel, footwear, and sporting goods, to name a few.  In addition, Carani has authored amicus briefs for landmark U.S. design patent cases, such as Egyptian Goddess v. Swisa, Lawman Armor Corp. v. Winner Int’l LLC, Calmar, Inc. v. Arminak & Assoc. and Richardson v. Stanley Works, Inc.

Carani earned an engineering degree from Marquette University and a law degree from the University of Chicago, and went on to serve as a law clerk to the Honorable Rebecca Pallmeyer at the U.S. District Court for the Northern District of Illinois. He is a registered patent attorney and licensed to practice before the USPTO.

Carani is a frequent contributor to CNN on intellectual property law issues, and is often called upon to provide commentary to other major media outlets, including New York Times, Wall Street Journal, Forbes, NPR, PBS TV, CNBC TV, BBC, Bloomberg TV, and Reuters.  Away from the law, Chris is a studied jazz musician who plays upright bass on the Chicago jazz circuit.

Follow Carani (@ccarani) on Twitter: https://twitter.com/ccarani.