Effective Intellectual Property Damages Calculation: A Comprehensive Guide
Recording Available: Thursday, October 01, 2020
Effective calculation of intellectual property damages is a crucial factor in any IP litigation. However, with significant court cases constantly shaping the process, several risk issues including apportionment analysis, royalty base issues, and damages calculation methodologies must be carefully considered to avoid unwanted risks and pitfalls.
In this LIVE Webcast, IP experts Larry Rosenberg (Charles River Associates) and Cleve B. Tyler (Berkeley Research Group, LLC) will provide and present to the audience a comprehensive guide on calculating IP damages. Speakers will address recent trends, developments, and notable court rulings regarding patent damages based on a reasonable royalty. They will also expose the significant impact of the recent trends and updates in this ever-evolving landscape.
Some of the major topics that will be covered in this course are:
- Intellectual Property (IP) Damages – Overview
- Recent Trends and Developments
- Notable Court Rulings
- Methodologies in Determining Damages
- Common Risks and Pitfalls
- Practical Tips and Strategies
- Best IP Damages Calculation Practices
- What Lies Ahead
Cleve B. Tyler, Managing Director
Berkeley Research Group, LLC
- The Hypothetical Negotiation – Getting the Date Right
- Income Approach – Data and Methods Commonly Employed
- Apportionment – Isolating the Value of the Technology
- Royalty Base Issues – Extraterritoriality and Other Issues
Larry Rosenberg, Principal
Charles River Associates
- Market Approach to Determining a Reasonable Royalty: Use of Comparable Licenses
- Georgia Pacific Factor 1
- Georgia Pacific Factor 2
- Use of Market Data
- Measures of Comparability
Who Should Attend:
- Intellectual Property and Related Lawyers
- Heads of Intellectual Property
- Corporate Lawyers
- Forensic Accountants
Larry Rosenberg is a principal in the Intellectual Property Practice, based in New York. He is an expert in license negotiation, patent valuation, damages and reasonable royalty analysis in litigation, and deal origination and structuring.
Mr. Rosenberg has advised clients on establishing royalty rates for worldwide licenses to standard-essential telecom patent portfolios; advised companies and investors in acquisitions of IP portfolios; and in negotiation of business terms of patent licenses and settlements of patent litigation. He has developed complex lost profit models, analyzed comparable licenses, and calculated reasonable royalty rates for use in federal courts and arbitration proceedings. His IP litigation experience includes patent and trade secret matters in a variety of industries, including telecommunications, gaming, chemicals, software, life sciences, and biosimilars. In addition to his experience in IP matters, Mr. Rosenberg has performed damages assessments in breach of contract matters in the financial services and asset management industries.
He has a proven track record in monetizing patent portfolios and led the origination team in patent financing, acquisition and licensing at GE Capital, closing several ground-breaking transactions. He has developed financing structures designed to maximize the value of patent portfolios of companies in several industries including telecommunications, technology, media, semiconductors, automotive, and consumer electronics. He is acknowledged as one of the world’s top 300 leading IP strategists by Intellectual Asset Management magazine. He held several securities licenses including, Series 7, 24, 53, and 63 during his tenure at Merrill Lynch.
Larry Rosenberg is a principal in the Intellectual Property Practice, based in New York. He is an expert in license …
Cleve B. Tyler, PhD, is a managing director at Berkeley Research Group, LLC. who specializes in applying economic analyses to antitrust, intellectual property, and damages issues. An economic consultant with more than twenty years of experience, Dr. Tyler has testified at deposition and trial in US federal court, in state court, and at arbitration. He is author of the book Calculating Intellectual Property Damages, published by West Publishing which is forthcoming in late 2020, and had written a chapter in prior versions of that book addressing IP expert testimony admissibility annually since 2010. He has also published papers on damages and competition issues including in Antitrust, Antitrust Bulletin, and The Global Competition Review. Dr. Tyler also is an adjunct professor of economics in Johns Hopkins University’s applied economics program, teaching graduate-level courses in industrial organization and microeconomics.
Cleve B. Tyler, PhD, is a managing director at Berkeley Research Group, LLC. who specializes in applying economic analyses to …
Print and review course materials
Method of Presentation:
Experience on IP infringement litigation
NY Category of CLE Credit:
Areas of Professional Practice
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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. We offer litigation and regulatory support, business strategy and planning, market and demand forecasting, policy analysis, and risk management consulting.
Our success stems from the outstanding capabilities of our consultants, many of whom are recognized as experts in their respective fields; our close relationships with a select group of respected academic and industry experts; and from a corporate philosophy that stresses interdisciplinary collaboration and responsive service.
About Berkeley Research Group, LLC
Berkeley Research Group (BRG) is a global consulting firm that helps leading organizations advance in three key areas: disputes and investigations, corporate finance, and strategy and operations. Headquartered in California with offices around the world, we are an integrated group of experts, industry leaders, academics, data scientists, and professionals working beyond borders and disciplines. We harness our collective expertise to deliver the inspired insights and practical strategies our clients need to stay ahead of what’s next.
Working with BRG means being connected to a deep pool of qualified experts who identify key issues, apply relevant theories, employ leading-edge data analytics, and use sophisticated techniques to arrive at the strategic insights, authoritative reports, and independent testimony that our clients count on.