Breakfast and Registration

Opening Remarks

Issue 1:

The Panduit Framework at 47 – Is the Four-Factor Test Still Fit for Purpose?

When is apportionment required and how should we do it??

Break

Issue 2:

Reconsidering Georgia-Pacific—Reform, Replace or Refine?

Does the framework’s open-endedness invite result-driven expert testimony and unpredictable verdicts? Should courts adopt a more structured, prioritized, or streamlined framework? What role should the hypothetical negotiation date play, and is the ex ante construct economically sound?

Lunch and Keynote Address

Issue 3:

Comparable Licenses, Apportionment, and the EcoFactor Aftermath.

When is a prior license “comparable” and what technical and economic analysis is required to establish comparability? What happens when the most commercially relevant licenses are exactly those that aggregate value across patents that cannot easily be disaggregated?

Break

Discussion and Consensus:

Review and discuss Issues 1-3 and reach consensus.

Reception and Hosted Dinner at Nearby Hotel

Breakfast Working Session

Issue 4:

SEP Damages—FRAND Methodology, Royalty Stacking, and Global Rate- Setting

How should U.S. courts determine a FRAND-compliant reasonable royalty for SEPs in light of recent Federal Circuit precedent (Ericsson v. Lenovo) and global developments? Should courts set royalty rates on a portiolio basis or patent-by-patent? What is the proper royalty base — the end product, the smallest saleable unit, or the chip? How should U.S. damages analysis account for global portiolio licensing norms, anti-suit injunctions, and parallel foreign proceedings? Should the ITC’s exclusion order remedy be treated differently in SEP cases?

Break

Open discussion concerning future topics:

Assess the need for consensus on process, timing, and impact of Daubert challenges. Should courts conduct an early “Markman-style” hearing and case specific damage methodology or allow for recalculations upon restrictive orders?

Consensus statements and closing remarks:

Each panel will summarize consensus statements