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Apportionment in Patent Damages: What You Need to Know and Do

Intellectual Property Law CLE

Apportionment in Patent Damages: What You Need to Know and Do

Live Webcast Date: Tuesday, March 13, 2018 at 12:00 pm - 1:00 pm (ET)
Intellectual Property LawRecording

Apportionment has always been crucial in any patent lawsuit. Issues relating to patent damages calculations, surveys, licensing and settlement agreements must be given serious consideration, especially now that lower courts pose stricter burden for patent holders in proving reasonable royalty damages under the apportionment requirements set forth by the Federal Circuit.

Listen as a panel of distinguished patent professionals organized by The Knowledge Group provide the audience with the latest updates regarding apportionment of damages in patent infringements. Speakers will also offer helpful insights and tips for patent owners faced with the same case.

This webcast will discuss the following key topics:

  • Damages Apportionment in Patent Cases
  • Apportionment Requirements set by the Federal Circuit
  • Most Notable Court Decisions
  • Latest Trends and Developments
  • Practical Tips for Patent Owners

Who Should Attend

  • Patent Attorneys
  • Patent Litigators
  • Intellectual Property Attorneys
  • In-House Counsel
  • IP Consultants and Experts
  • Patent Owners
  • Patent Licensing Attorneys
  • Other Related/Interested Professionals

Faculty

John Jarosz

John Jarosz
Managing Principal
Analysis Group, Inc.

Daniel M. McGavock

Daniel M. McGavock
Vice President and Intellectual Property Practice Leader
Charles River Associates

Dr. John Scalf

Dr. John Scalf
Senior Consultant
NERA Economic Consulting

Click Here to Read Additional Material

John Jarosz, Managing Principal
Analysis Group, Inc.
  • Apportionment in Reasonable Royalty Cases
    • Ancient Times
    • Olden Days
    • Modern Era
    • Today’s Landscape

Daniel M. McGavock, Vice President and Intellectual Property Practice Leader
Charles River Associates
  • How apportionment is addressed in lost profits claims and the Mentor Graphics v. EVE case

Dr. John Scalf, Senior Consultant
NERA Economic Consulting
  • Standard apportionment methodologies used including survey and conjoint analysis, citation analysis, and various real estate approaches like feature counting or extent of use and some of the recent decisions on their use.

John Jarosz

John JaroszManaging PrincipalAnalysis Group, Inc.

Mr. Jarosz, a managing principal with Analysis Group and director of the firm’s Washington, D.C. office, is an economist who specializes in applied microeconomics and industrial organization. He has provided strategy consultation across a wide range of industries and delivered expert testimony in hundreds of depositions, trials, and hearings. His focus is on matters involving intellectual property, licensing, commercial damages, and antitrust. Most of his IP work is in the areas of damages estimation, valuation, commercial success, licensing terms, and irreparable harm.

A frequent author and lecturer on the economics of intellectual property protection, until recently, Mr. Jarosz was the editor of Eckstrom’s Licensing in Foreign and Domestic Operations: The Forms and Substance of Licensing, and his articles and papers have been published in the Stanford Technology Law Review, the Federal Circuit Bar Journal, les Nouvelles: Journal of The Licensing Executives Society, The Journal of Business Valuation, and the Journal of the Patent and Trademark Office Society. Among other things, Mr. Jarosz has given presentations at various meetings of the Licensing Executives Society and the Association of University Technology Managers, was one of IP Law 360’s Voices of the Bar, and has taught classes at Georgetown University Law Center, George Washington University Law School, Columbia Business School, and the U.S. Patent and Trademark Office.

Daniel M. McGavock

Daniel M. McGavockVice President and Intellectual Property Practice LeaderCharles River Associates

Dan McGavock is Vice President and Intellectual Property (IP) Practice Leader of Charles River Associates, a global consulting firm that offers economic, financial, and strategic expertise to major law firms, corporations, and governments throughout the world.  His business consulting practice for the past 30 years has been primarily dedicated to IP valuation, strategy, transactions, and economic damages analysis.  Mr. McGavock has provided expert testimony in over 75 IP matters in a variety of forums including arbitrations (domestic and international), federal courts, state courts, the U.S. Court of Claims, the Patent Trial and Appeal Board, and the U.S. International Trade Commission.

Mr. McGavock has addressed all areas of potential economic recovery in IP disputes, including lost profits, price erosion, reasonable royalty, profit disgorgement, unjust enrichment, and FRAND licensing terms.  He has also addressed the issues of commercial success, injunction factors, and the economic prong of the domestic industry requirement in ITC proceedings.  Outside of litigation, he has performed IP valuations for a variety of business, tax, and transactional purposes and has participated directly in IP licensing negotiations, strategy development, and compliance audits.  Mr. McGavock is a CPA, Certified Licensing Professional (CLP), and an Adjunct Professor at the Northwestern University Pritzker School of Law where he teaches a course on the valuation of IP assets.

Dr. John Scalf

Dr. John ScalfSenior ConsultantNERA Economic Consulting

Dr. Scalf is an Associate Director in NERA's Antitrust and Intellectual Property Practices. His main areas of expertise include industrial organization, microeconomics, and applied econometrics. He specializes in developing economic and statistical models to advise businesses, law firms, and government agencies on the competitive effects of mergers, pricing practices, and contracts on industry performance. In the context of his antitrust practice, Dr. Scalf has analyzed the competitive effects of price fixing, monopolization, exclusive dealing, standard setting organizations, and loyalty discounts, and he has prepared damage estimates arising from these issues.

Dr. Scalf has studied competition and antitrust issues in a variety of industries, including the operating system, payment card, online search and advertising, meatpacking, pharmaceutical, microprocessor, medical supplies, ticketing, media, and private equity industries.

Dr. Scalf holds a PhD in economics and an MBA from the University of Chicago Booth School of Business, where he specialized in the fields of industrial organization, applied microeconomics, and corporate finance. He also holds a BS in applied mathematics and economics from Yale University. In his PhD thesis, Dr. Scalf examined the role of disclosure policies on the liquidity and interest rates of the bank loan market. While at the University of Chicago, Dr. Scalf lectured in the MBA program in courses on microeconomics and financial statement analysis. Prior to joining NERA, Dr. Scalf was an Associate Director at Navigant Economics, where he concentrated on competition policy and antitrust matters.

Course Level:
   Intermediate

Advance Preparation:
   Print and review course materials

Method Of Presentation:
   On-demand Webcast

Prerequisite:
   Experience in patent law

Course Code:
   146953

NY Category of CLE Credit:
   Skills

Total Credit:
   1.0 CLE

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About the Knowledge Group

The Knowledge Group

The Knowledge Group has been a leading global provider of Continuing Education (CLE, CPE) for over 13 Years. We produce over 450 LIVE webcasts annually and have a catalog of over 4,000 on-demand courses.

About the Knowledge Group

The Knowledge Group

The Knowledge Group has been a leading global provider of Continuing Education (CLE, CPE) for over 13 Years. We produce over 450 LIVE webcasts annually and have a catalog of over 4,000 on-demand courses.

Analysis Group is one of the largest economics consulting firms, with more than 850 professionals across 14 offices in North America, Europe, and Asia. Since 1981, we have provided expertise in economics, finance, health care analytics, and strategy to top law firms, Fortune Global 500 companies, and government agencies worldwide. Our internal experts, together with our network of affiliated experts from academia, industry, and government, offer our clients exceptional breadth and depth of expertise.

Website: http://www.analysisgroup.com/

CRA is a leading global consulting firm that offers business, financial, and economic consulting services to industry, government, law firms and financial clients. Founded in 1965, CRA has offices throughout the world.

CRA’s intellectual property consultants serve as expert witnesses on damages issues and provide valuation, transactional and strategic consulting services for all types of intellectual property. To learn more, visit www.crai.com/ip.

Website: http://www.crai.com/ip

NERA Economic Consulting (www.nera.com) is a global firm of experts dedicated to applying economic, finance, and quantitative principles to complex business and legal challenges. For over half a century, NERA's economists have been creating strategies, studies, reports, expert testimony, and policy recommendations for government authorities and the world’s leading law firms and corporations. We bring academic rigor, objectivity, and real world industry experience to bear on issues arising from competition, regulation, public policy, strategy, finance, and litigation.

Website: http://www.nera.com/

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