Design Patent Damages: Hot Buttons in 2017 & Beyond
Manufacturers constantly compete with one another in creating the best looking and most unique products in today’s cutthroat market environment. Design patent enables them to protect their products’ new and unique design from infringement. It also allows patent holders’ collection of the total profits accrued by an infringing design.
With the continuous changes in patent laws, patent holders and applicants need to keep themselves abreast with the various trends affecting design patent damages. One development is the Supreme Court’s issuance of an important ruling concerning calculation of design patent damages. On Dec. 6, 2016, the Court released its Samsung v. Apple ruling, which held that § 289 damages may not be calculated using the infringing end product’s total profits. The Court further held that the relevant article of manufacture for profit determination could be the commercialized end product’s component.
In this LIVE Webcast, a panel of thought leaders brought together by The Knowledge Group will analyze the implications of Samsung v. Apple ruling. The speakers will also provide the audience with an in-depth discussion of the recent trends and developments shaping the Design Patent Damages landscape.
Key topics include:
- Design Patent Law – Current State
- Recent Trends and Developments
- Impact of Samsung v. Apple
- Scope of “Article of Manufacture”
- Weakened Design Patent Damages Clause?
- Best Practices for Design Patent Holders and Applicants
- Outlook for Design Patent Calculations
John C. Jarosz, Managing Principal
- Design patent damages history
- Introduction to Apple Samsung case
Barry L. Bell, Managing Director
- Apple Samsung case and the parties' various positions
- What the Supreme Court said (and didn’t say) in its decision
- Some alternatives that were posited by other parties (e.g., the DOJ’s amicus curiae brief proposing a four-factor test)
Jeffery A. Stec, Ph.D., Vice President
Charles River Associates
- Step 1: Identifying the “Article of Manufacture”
- Step 2: Determining the Total Profit Associated with the Article of Manufacture
- Profits when There is a “Saleable” Article of Manufacture
- Profits when There is No “Saleable” Article of Manufacture
- Survey Methodological Principles
- Conjoint Survey Questions
- Considerations on the Use of Conjoint Surveys
- Previous Uses of Conjoint Surveys in Litigation
- Previous Uses of Conjoint Surveys in Litigation
- ContentGuard Holdings, Inc. v. Amazon.com, Inc./Google, Inc. (2:13-cv-1112)/(2:14-cv-61)
- Fractus, S.A. v. Samsung Electronics Co., Ltd. (6:09-cv-203)
Who Should Attend:
- Design Patent Attorneys
- Patent Litigators
- Intellectual Property Attorneys
- In-House Counsel
- IP Consultants and Experts
- Patent Owners
- Product Design Managers
- Other related and interested professionals
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 …
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 IP Law 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.
Mr. Jarosz, a managing principal with Analysis Group and director of the firm’s Washington, D.C. office, is an economist who …
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 economics and damages, 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. 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. He has given presentations and conducted research on survey and damages topics as well testified as an expert on both survey research and economics/damages in state and federal courts, arbitrations, and at the International Trade Commission. Dr. Stec has a Ph.D. and M.A. in economics from the Ohio State University. He also has B.A. degrees in Economics from the University of Illinois – Chicago and in Psychology and Philosophy from Cornell University.
As a Vice President of Charles River Associates, Dr. Stec has worked with clients in the areas of antitrust, finance, …
Print and review course materials
Method of Presentation:
Experience in Patent Laws
NASBA Field of Study:
Business Law - Technical
NY Category of CLE Credit:
Areas of Professional Practice
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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.
About Analysis Group
Analysis Group is one of the largest private economics consulting firms, 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 worldwide. Our internal experts, together with our network of affiliated experts from academia, industry, and government, offer our clients exceptional depth of expertise.
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.