The Evolving Landscape in the Calculation of Patent Damages – Reasonable Royalties
Recent case law has focused on the importance of apportionment in the calculation of patent damages, in particular, reasonable royalties. This webcast examines the various apportionment methodologies, in the light of recent court decisions, and provides insight into their uses as well as potential pitfalls. The apportionment analyses will be broadly classified into revealed preference methods (the use of transactions data and comparables) and stated preference methods (survey research).
John Jarosz, Managing Principal
Analysis Group, Inc.
2016 Patent Damages Daubert Opinions
- A look at the numbers
- Differences across courts
- Reasons for exclusion
- Reasons for non-exclusion
James L. McGovern CPA/CFF, CVA, Partner
McGovern & Greene LLP
Proper Use of Comparable Licenses and Settlement Agreements
- Overview of how other licenses are used to support a reasonable royalty calculation
- What factors make a license sufficiently “comparable”?
- When should settlement agreements be considered?
- When should proposals/offers to license be considered?
- Accounting for technological and economic differences in otherwise comparable licenses
Barry Bell, Managing Director
Proper Use of the Analytical Approach
- Overview of the analytical approach
- Benefits and challenges of the approach
- Case examples
- Factors to consider when evaluating use of the analytical approach
- Critical inputs into a royalty analysis using the analytical approach
Jeffery A. Stec, Ph.D., Vice President
Charles River Associates
Proper Use of Survey Evidence
Why/when are surveys used in patent infringement cases
- General notes on apportionment and the Entire Market Value Rule (EMVR)
- Measuring the value of a product feature
- With transactions data
- With surveys
- Basic requirements of surveys to be accepted by the Court
- The use of conjoint surveys and the potential challenges
Who Should Attend:
- Patent Attorneys
- Patent Litigators
- Intellectual Property Attorneys
- In-House Counsel
- IP Consultants and Experts
- Patent Owners
- Other related and interested professionals
As a Vice President of Charles River Associates, Dr. Stec has worked with clients in the areas of antitrust, finance, intellectual property, and survey research as both a consulting expert and as an expert witness. In the area of patents, Dr. Stec has conducted economic and econometric analyses to determine the value of intellectual property as well as the amount of economic damages resulting from patent infringement claims. He has testified in Federal and State courts as well as at arbitrations and hearings on damages-related issues. He has also evaluated economic issues and testified in the context of Section 337 investigations at the U.S. International Trade Commission. In the area of survey research, Dr. Stec has created numerous in-person, telephone, mail, and internet surveys for various clients as well as critically evaluated surveys and survey methodologies in both litigation and non-litigation consulting engagements.
As a Vice President of Charles River Associates, Dr. Stec has worked with clients in the areas of antitrust, finance, …
John C. Jarosz, Managing Principal; M.A. and Ph.D. Candidate, Economics, Washington University in St. Louis; J.D., University of Wisconsin; B.A., Economics and Organizational Communication, Creighton University
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 IPLaw 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.
John C. Jarosz, Managing Principal; M.A. and Ph.D. Candidate, Economics, Washington University in St. Louis; J.D., University of Wisconsin; B.A., …
James McGovern is a founding partner of McGovern & Greene LLP (www.mcgoverngreene.com) a forensic accounting and litigation services consulting firm. He is a CPA, Certified in Financial Forensics and a Certified Valuation Analyst. He works as a consultant and expert witness on matters involving complex financial and economic damage issues, including those stemming from intellectual property infringement.
His experience with intellectual property infringement damage analysis includes cases involving patents, copyrights, trademarks, and trade secrets. He is regularly engaged to determine lost profits and reasonable royalties and has extensive experience testifying as an expert witness.
James is a member of the Intellectual Property Owners Association Damages and Injunctions Committee, a Past President of the National Contract Management Association, and an arbitrator for the AAA in cases involving complex financial issues.
James McGovern is a founding partner of McGovern & Greene LLP (www.mcgoverngreene.com) a forensic accounting and litigation services consulting firm. …
For more than 25 years, Barry Bell has focused primarily on the analysis and quantification of damages in commercial litigation matters. He is experienced in analyzing complex matters; identifying relevant issues, information and approaches, and cogently communicating, via expert reports and testimony, the resulting opinions to interested parties.
Mr. Bell has extensive experience in analyzing damages in a wide variety of actions, including breach of contract, breach of fiduciary duty, fraud, and intellectual property infringement/misappropriation, among others, across a broad industry spectrum. Mr. Bell frequently provides expert witness testimony related to damages in complex commercial and intellectual property-related disputes.
For more than 25 years, Barry Bell has focused primarily on the analysis and quantification of damages in commercial litigation …
Print and review course materials
Method of Presentation:
Experience in patent law
NASBA Field of Study:
Business Law - Technical
NY Category of CLE Credit:
Areas of Professional Practice
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About Charles River Associates
Founded in 1965, Charles River Associates is a leading consulting firm that provides economic, financial, and strategic analysis of IP issues. Headquartered in Boston, the firm has offices internationally. CRA uses a combination of industry experience and rigorous, fact-based analysis in order to provide clients with clear, implementable solutions to complex business problems. Whether you are making a critical IP strategy decision or assessing risk in high-stakes IP litigation, CRA’s intellectual property experts offer deep industry specialization, broad cross-functional expertise, and a proven analytical approach.
About Analysis Group, Inc.
Analysis Group is one of the largest private economics consulting firms in North America, with more than 700 professionals across 11 offices in the United States, Canada, and China. Since 1981, we have provided expertise in economics, finance, health care analytics, and strategy to top law firms, Fortune 500 companies, and government agencies. Our internal experts, together with our network of affiliated experts from academia, industry, and government, offer our clients exceptional depth of expertise.
About McGovern & Greene LLP
McGovern & Greene LLP is a partnership of talented and experienced CPA’s, Forensic Accountants, Fraud Examiners, and Investigators committed to helping our clients preserve, protect and, when needed, recoup their most valuable assets. We are regularly engaged by major corporations, law firms, government agencies and law enforcement to provide forensic accounting, valuations, economic damage analysis, expert witness and litigation services, fraud examinations, investigations, corporate risk and compliance assessments, financial due diligence, and government contract accounting and advisory services.
Our practice provides pragmatic solutions to complex challenges and opportunities. Understanding your organization’s culture, and mission with passion and depth of thought is our primary concern.
About Echelon Analytics
Echelon Analytics is a nationally recognized firm comprised of proven leaders in the areas of economic and financial analysis, financial investigation and forensic accounting and expert witness services. We assist clients involved in commercial disputes and high-stakes litigation, as well as those needing help assessing value and risk in the context of pre-litigation, mergers and acquisitions, joint ventures, licensing and sales.