Intellectual Property Litigation

Patent Litigation Damages and Intellectual Property Mistakes and Pitfalls


The world of intellectual property is an area of law that has many nuances and having, at the very least, a basic understanding of the pieces involved in a necessity. In the first part of this program, the presenter provides a survival guide so that, heaven forbid, you should end up on the wrong side of a patent infringement suit, you will understand the various concepts that you might encounter and how to deal with them. Using several recent cases and the concepts underlying each scenario, he provides a basic understanding of what is important when faced with patent litigation. In the second portion of this program, the presenter takes an in-depth look at what he envisions to be the top 10 IP mistakes and pitfalls that one can fall prey to in everyday intellectual property practice. He provides helpful suggestions and best practices to help prevent these mistakes and pitfalls. This course is a must for those who work in the intellectual property law arena.


I. Patent Litigation Damages
    A. Nominal vs. Substantial
    B. Non-Practicing Entities and Patent Assertion Entities
    C. The Basics
    D. Reasonable Royalties
    E. The Georgia-Pacific Case
        1. Fifteen Factors to Determine Damages
        2. Impact of the 15 Factors
    F. The Lucent Case
    G. The Uniloc Case
    H. The Laser Dynamics Case
    I. More Case Law
    J. Trends
    K. Nuisance Value
II. Top Ten Intellectual Property Mistakes
    A. Patent Troll Letters
    B. Failing to Secure IP Ownership from Contractors
    C. IP Indemnity
    D. Open Source
    E. Trademarks
    F. IP Insurance Coverage and "Exclusive" Licenses
    G. "Half-Baked" IP Agreements and Non-Disclosure Agreements
    H. Joint Ownership


Content Provided

With influence and presence on both U.S. coasts and abroad, Pillsbury Winthrop Shaw Pittman LLP enjoys an expansive international platform. The firm has 14 offices in global centers for capital markets, energy and technology and provides its clients with the strength of this reach and a commitment to cross-border service and responsiveness. Pillsbury is a leader in its core areas of focus: capital markets and finance, energy, global sourcing, litigation, real estate, technology, life sciences, and communications.

Speakers / Authors:

Photo of Edward Cavazos

Edward Cavazos
Pillsbury Winthrop Shaw Pittman LLP

Edward Cavazos is the managing partner of Pillsbury Winthrop Shaw Pittman LLP’s Austin office. He represents clients in both transactional and litigation matters involving technology. His transactional practice involves handling general business and corporate deals with an emphasis on complex technology-related transactions involving intellectual property. He routinely counsels clients regarding licensing arrangements, development contracts, sales and distribution arrangements, and a variety of other issues faced by technology companies.

Mr. Cavazos has civil jury trial experience in both state and federal courts, where he has litigated disputes involving patents, trade secrets, copyrights, trademarks, breach of contracts, and Internet-related claims. He has represented clients in the Internet, software, hardware, video game, and various other industries. He has handled special issues involving complex e-discovery disputes involving electronically stored information (ESI) and also advised various clients about responding to and mitigating issues related to computer security incidents and data breaches.

Until 2000, Mr. Cavazos was senior vice president, general counsel, and later senior vice president, legal and business affairs, of Interliant, Inc., a pioneering Internet application service provider and Web hosting firm that went public in July of 1999. He teaches "The Law of Software, Video Games and Interactive Entertainment" as an adjunct professor at The University of Texas School of Law.

Mr. Cavazos received his J.D. in 1993 from The University of Texas School of Law, and his B.A. in 1990 from The University of Texas at Austin.

Photo of Conor Civins

Conor Civins
Pillsbury Winthrop Shaw Pittman LLP

Conor Civins is a partner in the Pillsbury Winthrop Shaw Pittman LLP’s Intellectual Property practice and is located in the Austin office. His practice focuses on intellectual property litigation and complex commercial litigation.

Mr. Civins has experience handling patent litigation, trademark litigation, and trade secret disputes. Over the past several years, he has argued before the Federal Circuit and has litigated intellectual property disputes in the Western, Eastern, Northern, and Southern Districts of Texas, as well as various districts in California, Delaware, Illinois, Indiana, New York, and Oregon. Mr. Civins also frequently represents clients in commercial disputes involving claims such as breach of contract, fraud, and unfair competition. He works closely with clients across different industries and has worked with companies ranging from Fortune 500 companies to technology start-ups.

Mr. Civins has been named to Best Lawyers in America in both patent litigation and commercial litigation for the past five years.

Mr. Civins received his J.D., with honors, in 2003 from The University of Texas School of Law, and his B.A., Phi Beta Kappa, in 1999 from Emory University.


Price (USD)

Standard Rate: $99.00
Subscribers: FREE
Pillsbury U Online: FREE
Metro State Univ: $99.00


Course Code : 775557

Release Date : 08/10/2016

Length : 1hr
Recorded Date : 11/4/2015

Format Type : eLearning
Mobile Compatible

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