Partner Laura Smalley will present a Strafford CLE on Tuesday, August 5th titled, “Patent Damages: Expert Testimony, Tightened Standards, Implications of EcoFactor v. Google.” A full description of Laura’s presentation topic is below:

In May 2025, the Federal Circuit Court of Appeal, in an en banc decision, vacated the district court decision and remanded for trial on the damages. The court’s decision has been called a landmark decision on expert damages testimony and highlights the district court’s role as gatekeeper under Rule 702.

Patent holders and defendants must understand the proper analysis for estimating potential infringement damages and what the courts require to establish damages. Experts need sufficient support for their opinions. This can come from licensing agreements, customer surveys, evidence of customer usage, and more.

Listen as our authoritative panel of patent attorneys examines the EcoFactor decision as well as other recent decisions and their impact on patent damages law. The panel will also look at the role of experts and offer best practices for establishing and disproving infringement damages.

The panel will review these and other important questions:

• What guidance do recent decisions offer for establishing or disproving patent damages?
• What litigation strategies can companies and their counsel employ to improve their damages analysis?

This 90-minute webinar is eligible in most states for 1.5 CLE credits. About Strafford: For over 30 years, Strafford has empowered attorneys and accountants with the information and training they need to advance their career and remain at the top of their fields.