The Atlanta Lawyer - Official Publication of the Atlanta Bar Association Nov | Page 35

section update Intellectual Property Section Update By Chis Lightner Alston & Bird LLP [email protected] T he Intellectual Property Section held a breakfast CLE on October 10, 2013, titled “Navigating the Entire Market Value Rule: Which Sales are Really at Risk.” The well-attended program was presented by Daniel J. Cenatempo of FairValue Advisors and Denise T. Dauphin of AEA Group. We had a good turnout for the event, which was graciously hosted by Miller & Martin PLLC. Karen English of the Atlanta Bar Association also did a great job in assisting us in coordinating the event. On other fronts, the IP Section is exploring potential pro bono and educational opportunities that will allow our membership to give back to the community. One initiative seriously being considered is a partnership between the IP Section and other organizations to offer IP-centered pro bono via the various Pro Bono Programs being developed to comply with the charter set forth in the America Invents Act (AIA). For further details regarding these efforts, please contact Chris Lightner, 20132014 Section Chair, at [email protected]. Dan and Denise explained the history of the Entire Market Value Rule, which allows a patent owner to obtain damages based on the value of an entire product containing both infringing features and features unrelated to the infringed patent. The Entire Market Value Rule requires that the infringing feature be the basis for customer demand for the entire machine. Dan and Denise walked through recent case law regarding the Entire Market Value Rule, in which courts generally have sought to rein in application of the rule to avoid permitting a patent owner to skew the damages award higher by introducing a large royalty base that bears little relation to the value of the infringing feature. Dan and Denise also discussed the use of survey evidence to establish the importance (or lack thereof) of the infringing feature to customer demand for the product. You may also contact Chris Lightner or any member of the Section’s Board of Directors for further information regarding the IP Section, its meetings, programs, and activities. The IP Section always welcomes new members, as well as the return of former members and colleagues. Lastly, the IP Section would also like to thank our Annual Section Sponsors, including AEA Group, IP.com, and Willamette Management Associates. Their support contributes greatly to our ability to provide programming and opportunities to the Atlanta IP community, including our student membership. If you and your organization are interested in section sponsorship opportunities, please contact Chris Lightner, 2013-2014 Section Chair, at [email protected]. In the coming months, the IP Section has taken steps to remain active. Our signature SpringPosium event is scheduled for April 11-12, 2014, and will once again be held at Barnsley Garden Resort, conveniently located about an hour north of Atlanta. This year is the tenth anniversary of the SpringPosium and we anticipate this year’s event to be better than ever as attendees and speakers travel from across the southeast to at tend the two day program. Please visit the website for last year’s event, which will be updated as the 2014 SpringPosium approaches. The IP Section is also planning a joint holiday party with the Georgia Bar IP Section. That event is scheduled for December 5, 2014. Plans are also being developed to host a lunch CLE event in February. Further details regarding these events will be announced as they approach. The Official News Publication of the Atlanta Bar Association November 2013 THE ATLANTA LAWYER 35