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Standard Essential Patents & FRAND Damages: The New PAE Frontier

CLE Accreditation Info

Courses purchased through UnitedCLE.com are provided and fully accredited by The National Academy of Continuing Legal Education, a presumptive provider of CLE in WV, approved by the WV State Bar. To view NACLE’s accreditation details, please click here.

General Credits
1.5
Price: $55
Course Preview
  • Description

    The Supreme Court’s Alice decision effectively limiting software patent-ability has significantly slowed lower-end patent assertion programs while Standard Essential Patent suits have grown in number with the Patent Trial & Appeal Board post-grant proceedings. Filed by patent assertion entities (PAE), patent aggregators, and practicing companies, these complex suits generally relate to infringement and require and in-depth understanding of the product’s chipset. Yet that information is often not known by the entities against whom the suit is brought. This CLE course will explain the state of SEP and FRAND damages and present recent DOJ and Patent Office guidance as well as offer practical strategies to defend against SEP cases.

  • Instructor Bio

    David Donoghue

    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.

Courses purchased through UnitedCLE.com are provided and fully accredited by The National Academy of Continuing Legal Education, a presumptive provider of CLE in WV, approved by the WV State Bar. To view NACLE’s accreditation details, please click here.