Calculating Patent Infringement Damages in Lost Profits: What You Need to Know
Lost profit damages recovery is an important remedy for the infringement of patent rights. Intellectual property (IP) damages are awarded under a number of theories and analyses, thus, resulting to various economic consequences of the infringing action. The implementation of an appropriate methodology to calculate the patent’s value is critical since it is significant in asserting damages.
Patent assertion is a high-stake game. Patent owners and their counsel must be able to present the most powerful argument possible to ensure victory.
Our panel of key thought leaders and practitioners will offer a discussion of the fundamentals as well as updates regarding the latest and significant issues surrounding the calculation of patent infringement damages in lost profits litigation. They will explore the various methodologies used to calculate damages, as well as recent case law related to patent infringement 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
Mark Rollins, Director
Insight Economics, LLC
- Forms of Lost Profit Damages
- General Lost Profit Framework
- Summary of Relevant Case Law and Considerations
Jeffery Stec, Managing Director
Berkeley Research Group, LLC
Appropriate Geographical Market for Patent Damages
- The Impact of WesternGeco v. Ion Geophysical on Extraterritorial Damages
Panduit factor 2: The Availability of Acceptable, Non-Infringing Alternatives
- What is an available, acceptable, non-infringing alternative?
- Determining an acceptable, non-infringing alternative
- Using Economics
- Using Survey Research
Robert Maness, Vice President
Charles River Associates
- Factors to Establish Lost Profits for “Convoyed Sales”
- Where are we on the Law and the Economics Apportionment for Lost Profits Damages?
- A Forward Look and Price Erosion
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
Mark Rollins is an expert at Insight Economics and has been primarily focused on financial matters pertaining to intellectual property since 2006. Mr. Rollins provides expertise in intellectual property valuation, litigation consulting, strategy, monetization, and transactional services. Mr. Rollins has worked on hundreds of consulting and litigation engagements throughout his career. His experience spans a variety of industries including: consumer electronics, E-commerce, food and beverage, financial services, interactive gaming systems, medical equipment, mobile devices, pharmaceutical, and telecommunication. Mr. Rollins holds a B.S. in Business Administration from the Haas School of Business at the University of California, Berkeley. He is a Certified Licensing Professional and a member of the American Bar Association's Intellectual Property Section.
Mark Rollins is an expert at Insight Economics and has been primarily focused on financial matters pertaining to intellectual property …
Dr. Jeffery Stec is a Managing Director, a leader of Berkeley Research Group’s Intellectual Property practice, and a co-leader of its Economics & Damages community. Dr. Stec has worked extensively over the last 18 years in the areas of antitrust, finance, intellectual property, and survey research, both as a consulting expert and as an expert witness. In the area of economic damages, Dr. Stec has quantified damages using sophisticated economic and econometric methods to determine lost profits, reasonable royalties, brand diminution, and various other types of damages as well as economic and econometric analyses to determine the value of patents, trademarks, copyrights, and trade secrets. Dr. Stec has also examined how products are used, whether alternatives would be accepted in the marketplace, and how consumers value and demand product features. He has also consulted with clients to help them determine licensing terms and strategies for licensing their IP. He has testified in district courts, state courts, and at the Copyright Royalty Board, PTAB, and the ITC. Dr. Stec has Ph.D. and MA degrees in Economics from the Ohio State University. He has BA degrees in Economics with a Math minor from the University of Illinois – Chicago and in Psychology and Philosophy from Cornell University.
Dr. Jeffery Stec is a Managing Director, a leader of Berkeley Research Group’s Intellectual Property practice, and a co-leader of …
Robert Maness is a Vice President in the College Station, Texas office of Charles River Associates. He, has extensive experience in patent litigation, including calculating lost profits and reasonable royalty damages, as well as assessing commercial success. He has testified in intellectual property matters in State and Federal courts, including in Texas, Delaware, Virginia, and New Jersey. He has addressed intellectual property issues for pharmaceutical and healthcare, telecommunications, oil & gas, and transportation industries, among others. In addition, Dr. Maness has experience with large-scale antitrust litigation and merger analysis, including matters involving allegations of price fixing, group boycotts, as well as allegations of anticompetitive contracting practices and anticompetitive patent settlements. Dr. Maness received his Ph.D. in economics from Texas A&M University where he continues to teach a variety of economics courses.
Robert Maness is a Vice President in the College Station, Texas office of Charles River Associates. He, has extensive experience …
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Method of Presentation:
On-demand Webcast; Group-Internet Based
Experience in IP infringement litigation
NASBA Field of Study:
Business Law - Technical
NY Category of CLE Credit:
Areas of Professional Practice
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About Insight Economics, LLC
Insight Economics provides economic insight and expertise that courts and clients use to make economically informed decisions. The company offers economic analyses and advisory services for consulting and litigation clients related to Expert Witness Testimony, Economic Analysis, Valuation, and Strategy & Monetization. Experts at the firm are relied upon to provide expert economic analysis and testimony in matters ranging from intellectual property, antitrust and competition, economic harm, mediation and arbitration, and bankruptcy across various industries including consumer electronics, food and beverage, pharmaceuticals, semiconductors, and telecommunications. Insight Economics provides services for courts, companies, and individuals across the country and internationally to improve economic clarity and reasoning for the betterment of our marketplace, our institutions, and the broader society. We have offices in the Boston and San Diego areas.
About Berkeley Research Group, LLC
Berkeley Research Group is a leading global strategic advisory and expert consulting firm that provides independent advice, data analytics, valuation, authoritative studies, expert testimony, investigations, transaction advisory, restructuring services, and regulatory and dispute consulting to Fortune 500 corporations, financial institutions, government agencies, major law firms, and regulatory bodies around the world. BRG experts and consultants combine intellectual rigor with practical, real-world experience and an in-depth understanding of industries and markets. Their expertise spans economics and finance, data analytics and statistics, and public policy in many of the major sectors of our economy, including healthcare, banking, information technology, energy, construction, and real estate. Named by Forbes as one of America’s Best Management Consulting Firms in 2017, BRG is headquartered in Emeryville, California, with offices across the United States and in Asia, Australia, Canada, Latin America, the Middle East, and the United Kingdom.
About Charles River Associates
Charles River Associates is a leading global consulting firm that offers economic, financial, and strategy expertise to major law firms, corporations, accounting firms, and governments around the world.
With proven skills in complex cases and exceptional strength in analytics, CRA consultants have provided astute guidance to clients in thousands of successful engagements. CRA offers litigation and regulatory support, business strategy and planning, market and demand forecasting, policy analysis, and risk management consulting.
CRA’s success stems from the outstanding capabilities of its consultants, many of whom are recognized as experts in their respective fields; its close relationships with a select group of respected academic and industry experts; and from a corporate philosophy that stresses interdisciplinary collaboration and responsive service.
Headquartered in Boston, the firm has offices internationally.