Navigating Implications for Reasonable Royalty Damages in Light of Exmark v. Briggs & Stratton and Other Recent Court Rulings:
On January 12, 2018, the U.S. Court of Appeals for the Federal Circuit has released a decision for the Exmark v. Briggs & Stratton case, which implies greater flexibility in the apportionment of damages for multi-component products. While the decision permitted the use of the royalty rate, plaintiff experts must be careful in calculating damage apportionment and, must properly tie the “reasonable royalty rate to the facts of the case.”
The Knowledge Group has assembled a panel of key thought leaders to provide the audience with an in-depth analysis of Exmark v. Briggs & Stratton ruling’s implications to reasonable royalty damages calculations. Speakers will also share best strategies in proper damage apportionment.
Key topics include:
- Exmark v. Briggs & Stratton: Case Framework
- Implications to Reasonable Royalty Damages Calculation
- Emerging Critical Issues
- Best Strategies in Damages Apportionment
- What to Expect Going Forward
Derek Vandenburgh, Attorney
- the history of patent damages, focusing on where and why the issue of apportionment came from
Ashish Pradhan, Principal
- a semi-detailed discussion of the Exmark and Finjan Cases, including apportionment and royalty damages in issues in those cases;
Sean Sheridan Ph.D., Principal
Charles River Associates
- A brief review of the concept of apportionment
- Discussion of various apportionment approaches and the contexts in which they should be applied
Russell Mangum III, Ph.D.,, Senior Vice President
Nathan Associates Inc.
- Takeaways from Exmark (and Finjan?), with a brief discussion of where we still need answers/guidance on determining reasonable royalty damages (including implications for the very recent SCOTUS order in WesternGeco v. Ion Geophysical matter)
Who Should Attend:
- Patent Litigators
- Patent Consultants
- Patent Owners
- Patent Licensing Attorneys
- Patent Counsel
Derek Vandenberg’s intellectual property practice at Carlson Caspers emphasizes efficient litigation management, successful dispositive motion practice and appellate work, and sound litigation counseling. Derek has more than 25 years of experience litigating complex IP matters for sophisticated multinational clients, including disputes concerning patent and trademark infringement, design patents, trade secrets, copyright, and other areas of IP law.
Derek has successfully argued more than a dozen appeals at the U.S. Court of Appeals for the Federal Circuit, as well as at the U.S. Patent and Trademark Office and has taken a lead role on claim construction and other dispositive motions in U.S. district courts. He has successfully served as lead counsel at trial and Inter Partes reviews at the USPTO involving advanced proprietary technologies.
Derek completed his law degree at George Washington University and his undergraduate degree at Iowa State University.
Derek Vandenberg’s intellectual property practice at Carlson Caspers emphasizes efficient litigation management, successful dispositive motion practice and appellate work, and …
Ashish Pradhan is a principal at Cornerstone Research, based in the Los Angeles office. He focuses on intellectual property and finance matters.
Mr. Pradhan has worked on a range of cases related to all types of intellectual property, including patents, copyrights and trade secrets. In particular, he has expertise in lost profits and reasonable royalty analysis in patent matters, notably in Microsoft v. Motorola. His industry experience spans music, business software, hardware, video games, and others. He has also worked on several cases involving consumer behavior, and has developed and executed multiple surveys in connection with litigation assignments.
Mr. Pradhan holds two B.A degrees, in legal studies and economics, from the University of California, Berkeley, and an M.B.A. from the Anderson School of Management, University of California, Los Angeles.
Ashish Pradhan is a principal at Cornerstone Research, based in the Los Angeles office. He focuses on intellectual property and …
Dr. Sheridan is a principal in the Intellectual Property Practice at Charles River Associates. He has over a decade of experience working with various aspects of the intellectual property (IP) value chain including the development, valuation, commercialization, and strategic management of IP. He has provided financial consulting services for a variety of purposes including intellectual property related litigation, transaction due diligence, license negotiations and strategic decision-making. He has also negotiated numerous licenses and other agreements with companies ranging from Fortune 500 firms to start-ups. Dr. Sheridan’s litigation experience includes analysis of damages related to patent infringement and breach of contract, analysis of commercial success and analysis of domestic industry in the context of Section 337 investigations.
Dr. Sheridan is a principal in the Intellectual Property Practice at Charles River Associates. He has over a decade of …
Dr. Mangum has over 23 years experience in economic research and analysis. He has served as a consulting and testifying expert in the private sector and for local, state, and federal governments.
His practice focuses on economic analysis and expert testimony in a wide range of matters involving intellectual property, antitrust, class certification, and damage quantification.
Examples of his work as an expert include estimation of lost profits and reasonable royalty in patent infringement matters; analysis of relevant markets and lost profits in antitrust cases; and valuation of intellectual property. Dr. Mangum has also taught courses in economics, statistics, and econometrics at three colleges and universities.
Dr. Mangum has over 23 years experience in economic research and analysis. He has served as a consulting and testifying …
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Method of Presentation:
Experience in patent law
NY Category of CLE Credit:
Areas of Professional Practice
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About Carlson Caspers
Carlson Caspers is an acclaimed intellectual property law firm, known for its prowess in intellectual property litigation and counseling, including patent litigation, trade secrets, copyrights, contracts, trade secrets, trademark infringement, data privacy, ANDA, Hatch-Waxman, monetization, IPRs, appeals and other areas of IP law.
Carlson Caspers attorneys focus on delivering value by respecting the client’s genius and bringing their in-depth industry experience, technical knowledge, and global business perspective to every legal challenge. Their expertise extends to consumer, commercial and industrial markets across a wide range of complex, technology-driven sectors including medical devices, life sciences, pharmaceuticals, nutraceuticals, data privacy, and wireless communications.
The firm’s attorneys regularly appear before juries, judges and arbitrators in venues across the country including state courts, district courts, the U.S. Court of Appeals for the Federal Circuit, and the Patent Trial and Appeal Board.
About CORNERSTONE RESEARCH
Cornerstone Research provides economic and financial consulting and expert testimony in all phases of complex disputes and regulatory investigations. The firm has 700 staff and offices in Boston, Chicago, London, Los Angeles, New York, San Francisco, Silicon Valley, and Washington DC.
About Charles River Associates
Charles River Associates is a leading global consulting firm that offers economic, financial, and strategic 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 provides astute guidance to clients in thousands of successful engagements. CRA offers litigation and regulatory support, business strategy and planning, market and demand forecasting, policy analysis, and risk management consulting.
Headquartered in Boston, the firm has offices internationally.
About Nathan Associates Inc.
Nathan is a private international economic and analytics consulting firm that works with government and commercial clients around the globe. Nathan’s practice areas include International Development, Infrastructure Planning and Finance, Litigation & Expert Services, and Advisory Services.
Nathan’s Litigation & Expert Services group provides a full array of forensic, economic and financial analysis, including expert testimony. Nathan’s experts specialize in analysis related to commercial disputes, intellectual property, labor and employment, antitrust, and class action damages. Nathan’s staff includes economists, CFAs, and CPAs, skilled in the application of economics, statistics, accounting, finance and valuation.
Nathan has more than 350 professionals, working from offices in California, Virginia, Boston, Chennai, Delhi, and London.