A Comprehensive Guide on Apportioning Patent Damages: Tips and Strategies Explored
Overview:
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
- Outlook
Learning Objectives:
- Identify the requirements when apportioning the royalty base or the royalty rate.
- Determine the building blocks of apportionment analysis.
Agenda:
SEGMENT 1:
Eric J. Phillips, President and Managing Director
VLF Consulting
- 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
SEGMENT 2:
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 …
Eric Phillips has served as a financial consultant for over 19 years, assisting attorneys and corporate clients on damages, valuation, …
Course Level:
Intermediate
Advance Preparation:
Print and review course materials
Method of Presentation:
On-demand Webcast (CLE); Group-Internet Based
Prerequisite:
General knowledge of patent law
Course Code:
148724
NASBA Field of Study:
Business Law – Technical
NY Category of CLE Credit:
Areas of Professional Practice
Total Credits:
1.5 CLE
1.5 CPE (Not eligible for QAS (On-demand) CPE credits)
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SPEAKERS' FIRMS:
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.
Website: https://envisioneconomics.com/
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.
Website: http://www.vlfconsulting.com/