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Continuing Legal Education courses for Attorneys
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Standard Essential Patents & FRAND Damages: The New PAE Frontier

SKU: IP6500
Total Credits
1 - 1.5
Price$75
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Description

As patent litigation volume has slowed and lower-end patent assertion programs have been swept away by the Supreme Court’s Alice decision limiting software patentability and the Patent Trial & Appeal Board post-grant proceedings, Standard Essential Patent suits have grown in size and number. The suits are being filed by practicing companies, patent assertion entities (PAE) and patent aggregators. The suits are complex and infringement usually requires a deep understanding of the product’s chipset. But the cases are typically filed against entities selling consumer products who have little or no information about the chipsets in their products. This program looks at the state of SEP and FRAND damages, recent Patent Office and Department of Justice guidance and offers practical tips for defending against SEP cases.

Lecturer Bio

R. David Donoghue, Esq.

R. David Donoghue is an established IP trial attorney with jury trial success and a strong track record across district courts, the Federal Circuit, and at the Patent Trial and Appeal Board. He serves as the leader of Holland & Knight's national Intellectual Property Group and is based in the firm's Chicago office.

Mr. Donoghue advises clients from major corporations to midsize businesses on technology disputes, such as patent, trade secret, trademark, copyright and Computer Fraud and Abuse Act (CFAA). Mr. Donoghue has been recommended in Intellectual Asset Management (IAM) Patent 1000 since 2014. The 2019 publication describes him as “A practical lawyer who gets right to the heart of any matter, David Donoghue really understands the most technical aspects of patent law. He is also great at figuring out how to win cases without spending a shed-load of his clients’ money.” He provides strong leadership to Holland & Knight’s national IP group.

Whether he is asserting his client's IP, defending against competitors, or fending off Non-Practicing Entities (NPE), Mr. Donoghue blends his deep litigation experience with practical business insight garnered from his in-house experience. As a founding member of Aptiv (f/k/a Delphi) Licensing and Litigation Group, he handled substantial international IP litigation and licensing matters.



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