Program Details
2026-09-29 12:00:00
Over 1,000+ webinars
Course Overview
2026-09-29 12:00:00
2h CLE Credits
Intermediate
2
12:00 pm - 1:00 pm ESTThis session examines what it takes to build an irreparable-harm evidentiary record that can withstand Federal Circuit scrutiny in a post-eBay, post-Wonderland landscape. Using Wonderland Switzerland AG v. Evenflo Company, Inc. (Fed. Cir. Dec. 17, 2025) as the organizing case, attorneys will work through each eBay factor—with particular focus on the causal nexus requirement, the evidentiary categories courts demand, and the mistakes that cost winning patentees their injunctions. Attorneys will leave with a concrete framework for gathering, structuring, and presenting irreparable-harm evidence from discovery through the injunction hearing.
This session examines willful patent infringement after Halo, focusing on how courts evaluate enhanced damages, the strategic value of clearance opinions, privilege waiver risks, opinion counsel structures, and the continued role of the Read factors in mitigating willfulness and damages exposure.
Kristopher R. Davis
Brian Ledahl 1:10 pm - 2:10 pm ESTThis section focuses on how to present damages in a case where an injunction isn’t available or was reversed, how to navigate the different types of reasonable royalty structures and approaches, possible design around issues, and the common pitfalls around presenting royalty damages.
This session examines the remedies available to patent owners when a permanent injunction is unavailable, with a particular focus on securing and calculating ongoing monetary relief. Attendees will explore the distinctions between pre-verdict and post-verdict damages, including how litigation strategy, evidentiary requirements, and legal standards evolve after liability has been established. The program will also explain the concept of sunset royalties, how they differ from ongoing royalties, and the circumstances in which each may be appropriate. In addition, the session will address practical challenges related to design-around efforts, recent developments affecting damages experts—including the impact of the EcoFactor v. Google decision on Daubert challenges—and effective strategies for presenting damages evidence at trial to preserve the possibility of an ongoing royalty award if injunctive relief is denied.
Kristopher R. DavisBrian LedahlKristopher R. Davis is a Partner at Russ August & Kabat in Los Angeles, where he focuses on intellectual property litigation and licensing, with particular experience in complex patent and trade secret disputes. He is highly experienced in all phases of litigation before federal district courts, the Federal Circuit, the International Trade Commission (ITC), and the United States Patent and Trademark Office (USPTO). His work has involved technologies including software applications, mobile devices, telecommunications, networking, graphics processors, computer memories, semiconductors, automotive control systems, and medical devices. Kris is also a registered patent attorney and has represented clients in numerous post-grant proceedings before the USPTO, advised clients through acquisitions of intellectual property assets, and prosecuted utility and design patent applications. Before joining Russ August & Kabat, he was an attorney at Latham & Watkins LLP, where he practiced in the Intellectual Property Litigation group and represented pro bono clients in special education and immigration matters. During law school, he was elected into the Order of the Coif, served as President of the Intellectual Property Legal Society, and was Notes Editor of the University of Illinois Law Review.
Brian Ledahl is a partner in the Los Angeles office of Russ August & Kabat, where his practice centers on intellectual property and litigation, with particular emphasis on high-technology patent matters and entertainment disputes. His work spans patent infringement, copyright infringement, trade secrets, and entertainment litigation, at trial and on appeal.
Kristopher R. Davis is a Partner at Russ August & Kabat in Los Angeles, where he focuses on intellectual property litigation and licensing, with particular experience in complex patent and trade secret disputes. He is highly experienced in all phases of litigation before federal district courts, the Federal Circuit, the International Trade Commission (ITC), and the United States Patent and Trademark Office (USPTO). His work has involved technologies including software applications, mobile devices, telecommunications, networking, graphics processors, computer memories, semiconductors, automotive control systems, and medical devices. Kris is also a registered patent attorney and has represented clients in numerous post-grant proceedings before the USPTO, advised clients through acquisitions of intellectual property assets, and prosecuted utility and design patent applications. Before joining Russ August & Kabat, he was an attorney at Latham & Watkins LLP, where he practiced in the Intellectual Property Litigation group and represented pro bono clients in special education and immigration matters. During law school, he was elected into the Order of the Coif, served as President of the Intellectual Property Legal Society, and was Notes Editor of the University of Illinois Law Review.
Brian Ledahl is a partner in the Los Angeles office of Russ August & Kabat, where his practice centers on intellectual property and litigation, with particular emphasis on high-technology patent matters and entertainment disputes. His work spans patent infringement, copyright infringement, trade secrets, and entertainment litigation, at trial and on appeal.
Requirements
The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.
Formats
