Calculating Intellectual Property Damages: How to Prepare for the 2019 Landscape
With the continuous increase in the number of Intellectual Property (IP) cases being filed, proper calculation of IP damages and, eventually, recovery of lost profit, have become critical aspects of patent rights infringement litigation. Asserting damages is risky and using an inappropriate methodology that is not tied to the facts and circumstances of the case, could present challenges.
Thus, keeping abreast of the updates and latest trends in this ever-changing litigation landscape is a must in developing effective IP damage calculation strategies.
In this LIVE Webcast, a panel of distinguished professionals and thought leaders will help companies, their counsel and other patent litigators, understand the important aspects of this significant topic.
They will provide an in-depth discussion of IP damage calculation. Speakers will also offer best practices in developing and implementing effective techniques in calculating, defending and asserting IP damages.
Key topics include:
- Understanding Patent Infringement Damages
- Methodologies to Determine Damages
- Guidelines in Calculating Damages
- Defending Damage Calculations
- Recent Case Law Review and Updates
- IP Damage Calculation in 2019
Richard Eichmann, Director
NERA Economic Consulting
- FRAND and Essential Patents
Andrew Clarke, Vice President
Apportionment issues in IP damages:
- What is apportionment, and why is it necessary?
- Apportionment then and now
- Different approaches to apportionment
- Recent case law touching on apportionment
Armando Chavez, Director
- IP damages concepts addressed in recent court decisions
- Power Integrations Inc. v. Fairchild Semiconductor International Inc. et al., including case numbers 16-2691 and 17-1875, in the Fed. Circ. - Entire Market Value Rule for reasonable royalties
- Exmark Manufacturing Company Inc. v. Briggs & Stratton Power Products Group, LLC, Nos. 2016-2197 (Fed. Cir. January 12, 2018) - Apportionment for reasonable royalties
- Case law applicable to damages assessments in trademark and trade dress infringement matters (Various court cases)
Eric Forister, Senior Economist
Econ One Research
- Defending Damage Calculations
- What makes up a damages opinion,
- Anticipating likely criticisms, and
- Evaluating the strength of those criticisms.
Who Should Attend:
- IP Attorneys & Consultants
- Trademark Attorneys
- Copyright Attorneys
- Patent Licensing Attorneys
- Patent Litigators
- Patent Agents
- Damages Experts
- Forensic Accountants
- Other Related/Interested Professional
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 …
Richard Eichmann is a Director with NERA Economic Consulting, based out of San Francisco and Los Angeles. He is an economist and certified valuation analyst (CVA) and master analyst in financial forensics (MAFF) in commercial damages. He specializes in the application of applied economic analysis in intellectual property, securities, and other commercial litigation. He has calculated economic damages in a variety of industries. He has filed expert reports on the application of statistical methods, sampling, survey design, and business valuation, lost profits, and patent damages. He has provided arbitration, deposition and trial testimony in both State and Federal courts.
He has worked in litigation consulting for over 20 years. Prior to joining NERA, Mr. Eichmann provided economic analysis and dispute advisory services at public and private litigation consulting firms as well as two Big 4 accounting firms.
Richard Eichmann is a Director with NERA Economic Consulting, based out of San Francisco and Los Angeles. He is an …
Andrew Clarke provides financial and economic consulting services to clients in both litigation and non-litigation contexts. His engagements have spanned a variety of subject areas, including intellectual property (IP), commercial disputes, valuation, securities, and antitrust and competition. Mr. Clarke has consulted in IP matters involving patent, copyright, and trade secret claims before US district courts and the US International Trade Commission (ITC). He also has experience in commercial disputes involving breaches of contract, tax controversies, insurance recovery, class certification, and fraudulent conveyance, and has analyzed both liability and damages for antitrust and competition engagements. Mr. Clarke has published expert analysis in Law360 on topics such as standard essential patents, IP damages, and the ITC. He is a CFA (Chartered Financial Analyst) charterholder.
Andrew Clarke provides financial and economic consulting services to clients in both litigation and non-litigation contexts. His engagements have spanned …
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Method Of Presentation:
General knowledge of Intellectual Property litigation
NY Category of CLE Credit:
Areas of Professional Practice
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