A Comprehensive Guide on Apportioning Patent Damages: Tips and Strategies Explored
The damage apportionment jurisprudence is continuously evolving over the past years. As significant developments and case verdicts, such as the Finjan, Inc. v. Blue Coat Systems, Inc. continue to shape this field, practitioners must keep themselves in the know of the emerging updates to be properly guided in calculating patent damages.
Join a panel of key thought leaders and practitioners assembled by The Knowledge Group as they delve into an in-depth discussion of patent damages apportionment. Speakers will also offer significant tips and strategies in apportioning damage claims in light of recent case decisions.
Key topics include:
- Patent Damages Apportionment: Key Considerations
- Damage Analysis and Calculation
- Significant Apportionment Strategies
- Notable Cases and Court Verdicts
- Trends and Updates
- Identify the requirements when apportioning the royalty base or the royalty rate.
- Determine the building blocks of apportionment analysis.
Eric J. Phillips, President and Managing Director
- Apportionment: its purpose and how we define it
- Historical use: from uncommon topic to hottest issue in royalty damages
- Royalty base apportionment: requirements and recent exceptions
- Royalty rate apportionment: Fed. Cir. guidance on adequacy, and recent cases
Michael J. Chapman, Founder and President
Envision Economics, LLC
- Examining the connection between apportionment and the incremental value of the patented technology.
- Defining the building blocks of apportionment analysis
- Avoiding Franken Damages – the important of royalty rate-royalty base conformity
- Choosing the appropriate royalty base
- Choosing the appropriate royalty rate.
Who Should Attend:
- Patent Attorneys
- Patent Litigators
- Intellectual Property Attorneys
- In-House Counsel
- IP Consultants and Experts
- Patent Owners
- Patent Licensing Attorneys
Dr. Michael Chapman is a President and Founder of Envision Economics in Washington, DC. Michael has more than 20 years of experience providing economic, financial, and strategic consulting services to commercial firms, law firms, and governments. He has served as an economic expert to and conducted economic analyses in a wide range of industries, including pharmaceuticals, medical equipment, semiconductors, financial services, insurance, manufacturing, steel, agricultural products, and consumer goods.
Dr. Chapman has authored a number of articles and book chapters on intellectual property damages issues, including “The Incremental Value of Apportionment in Reasonable Royalty Damages Analysis,” which will be published in the Federal Circuit Bar Journal. Dr. Chapman has taught economics courses at several leading business schools, including the MIT’s Sloan School of Management, the University of Michigan Stephen M. Ross Business School, Georgetown University Robert Emmett McDonough School of Business, and the University of Maryland Robert H. Smith School of Business.
Dr. Michael Chapman is a President and Founder of Envision Economics in Washington, DC. Michael has more than 20 years …
Eric Phillips has served as a financial consultant for over 19 years, assisting attorneys and corporate clients on damages, valuation, and forensic accounting issues. Mr. Phillips focuses his practice on IP litigation, valuation, and transactions. He has extensive experience in the valuation of patents, trademarks, copyrights, trade secrets, and know-how in such contexts as infringement litigation, bankruptcy proceedings, false marking, licensing negotiations and transactions, and joint ventures. His experience includes providing testimony in federal court proceedings regarding IP damages. Mr. Phillips is a Certified Valuation Analyst and a Master Analyst in Financial Forensics through the NACVA. He is also accredited in business valuation and has assisted clients with business valuation services.
Eric Phillips has served as a financial consultant for over 19 years, assisting attorneys and corporate clients on damages, valuation, …
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Method of Presentation:
On-demand Webcast (CLE); Group-Internet Based
General knowledge of patent law
NASBA Field of Study:
Business Law – Technical
NY Category of CLE Credit:
Areas of Professional Practice
1.5 CPE (Not eligible for QAS (On-demand) CPE credits)
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About Envision Economics, LLC
Envision Economics, is a boutique economic damages consulting firm, specializing in intellectual property litigation and other commercial disputes. Envision Economics uses an interdisciplinary and integrative approach to addressing client issues – drawing upon substantial education and experience in applied microeconomics, law, and business strategy to analyze and understand the issues presented in each matter.
About VLF Consulting
VLF Consulting provides litigation and valuation services to law firms, corporate clients, and individuals. Specializing in intellectual property, VLF assists its clients in navigating economic and financial challenges during complex litigation as well as assessing value in such contexts as joint ventures, mergers and acquisitions, sales, and licensing. The firm's success derives from its deep IP experience combined with a philosophy that stresses responsiveness and cost-effective approaches tailored to each client's needs. From its headquarters in the Chicago area, the firm services clients throughout the world.