Apportionment of Patent Damages: What You Need to Know and Do in 2020
Recording Available: Thursday, June 04, 2020
The damages apportionment jurisprudence has been shifting continuously over the past years. To keep up with this ever-dynamic landscape, the Federal Circuit has also been diligent in providing guidance on the proper apportionment of patent damages through its notable decisions, specifically on Finjan Inc. v. Blue Coat Systems, Inc. and Exmark Manufacturing Co. Inc., v. Briggs & Stratton Power Products Group, LLC.
As the trend continues to go up, it becomes imperative that counsel and damage experts are in the know of emerging developments in this area of law. They must keep themselves abreast and well-versed of recent case decisions as well as the proper apportionment strategies to ensure accurate damage calculations.
In this LIVE Webcast, a panel of key thought leaders and practitioners assembled by The Knowledge Group will provide the audience with an in-depth discussion of patent damages apportionment. Speakers will also present practical and significant apportionment techniques in light of recent developments and case decisions.
Key topics include:
- Patent Litigation: Trends and Statistics
- Notable Cases and Court Decisions
- Identifying Red Flags
- Damage Apportionment Techniques
- Trends and Updates
Who Should Attend:
- Patent Lawyers and Consultants
- Patent Managers
- IP Consultants and Experts
- Patent Holders
- Corporate Counsel
Armando Chavez serves as an economic damages expert and financial analyst with over 17 years of experience in the assessment of financial issues and determination of damages in litigation. Mr. Chavez has testified in federal and state civil case proceedings and has experience on matters involving intellectual property damages, valuation, breach of contract, business interruption, and licensing and/or sale of assets. Mr. Chavez has also been involved in non-litigation consulting regarding patent licensing.
Mr. Chavez has conducted numerous complex analyses involving reasonable royalty, lost profits, present value, lost sales, incremental profit rates, cost of development, unjust enrichment, lost earnings, profit measurement, manufacturing and marketing capacity, fixed and variable costs, interest on damages, and potential technology/brand licensing or acquisition.
As part of his experience, Mr. Chavez has identified, reviewed and evaluated numerous financial documents including financial statements, business plans, projections, market studies, cost of sales reports, product line profit reports, contracts, forecasts, promotional materials, and license agreements, among others. Mr. Chavez has assisted many companies and law firms in the identification of relevant financial information, in the development of damage claims, and in the review of appropriate financial/damages considerations and related case strategies. Mr. Chavez has prepared or assisted in the preparation of a significant number of expert reports and assessments of claims of damages submitted in litigation. The matters in which Mr. Chavez has consulted have involved Fortune 500, multinational, and mid and small-sized companies across a wide variety of industries, including consumer products, telecommunications, medical/pharmaceutical, sporting equipment, Internet/software, oil & gas, automotive, computer storage, construction, financial services, chemical, entertainment and semiconductor.
Mr. Chavez is a Certified Valuation Analyst (“CVA”), a Master Analyst in Financial Forensics (“MAFF”), and a member of the National Association of Certified Valuation Analysts (“NACVA”). Mr. Chavez is also a member of the Licensing Executives Society (“LES”), which is an organization of more than 5,000 members including corporate executives and professionals involved in the licensing and valuation of patents, trademarks and other intellectual property. Mr. Chavez has served as a lecturer on topics related to damages and valuation of intellectual property including at the Georgetown University Law Center and the Chicago Kent College of Law. Mr. Chavez holds a M.S. and a B.B.A., magna cum laude, in Finance from the Mays Business School at Texas A&M University.
Armando Chavez serves as an economic damages expert and financial analyst with over 17 years of experience in the assessment …
Dr. Eric Forister is an expert economist with testifying experience on market definition, market power, and damages. His expertise includes applying advanced statistical techniques to datasets, synthesizing information from documents, and designing and evaluating surveys. He focuses on relevant questions to tackle complex issues with an efficient and effective style of communication. Dr. Forister also has extensive experience consulting on issues including royalty rates, irreparable harm, sampling, survey design, common impact, and materiality. He is a Senior Economist at Econ One and can be reached for more information upon request. Learn more at www.econone.com/staff-member/eric-forister
Dr. Eric Forister is an expert economist with testifying experience on market definition, market power, and damages. His expertise includes …
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Method Of Presentation:
General knowledge of patent law
NY Category of CLE Credit:
Areas of Professional Practice
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