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Expert Evidence in IP Litigation: What You Must Know and Do in the 2019 Landscape

Intellectual Property Law CLE

Expert Evidence in IP Litigation: What You Must Know and Do in the 2019 Landscape

Live Webcast Date: Thursday, January 10, 2019 at 12:00 pm - 2:00 pm (ET)
Intellectual Property LawRecording

Expert witnesses play a vital role in an intellectual property (IP) litigation, particularly in cases where technology is intricate and an evidence outside a juror’s common knowledge must be presented. Therefore, it would be wise for attorneys who are IP practitioners, irrespective of their focus, to keep themselves abreast of the recent trends and developments concerning the use of these experts in IP litigation. This will help them realize the optimum benefit from the expert, thus, giving more value to their clients as well.

Join a panel of key thought leaders and professionals assembled by The Knowledge Group as they bring the audience to a road beyond the basics of Expert Evidence in IP Litigation and as they delve into the depth-analysis of the current trends and recent court rulings involving expert witnesses. Speakers will also provide the audience with practical strategies in bringing out the best in these lawsuits using expert evidence in a rapidly evolving legal climate.

Key topics include:

  • Expert Evidence in IP Litigation: Recent Trends and Developments
  • Notable Cases
  • Maximizing Expert Evidence’s Potential
  • Pitfalls and Risk Issues
  • Practical IP Litigation Strategies in 2019
  • What Lies Ahead

Who Should Attend

  • IP Litigators
  • Intellectual Property Attorneys
  • In-House Counsel
  • IP Consultants and Experts
  • IP Owners
  • Technology Professionals
  • Technology Lawyers
  • Private Companies
  • Other related and interested professionals

Preview Podcast

Please click the podcast below to hear the speakers discuss the key topics for this webcast.

Faculty

Mark Rollins, CLP

Mark Rollins, CLP
Director
Insight Economics

Steven Herscovici

Steven Herscovici
Principal
Brattle

Sara Rinke

Sara Rinke
Director
Davis & Hosfield Consulting LLC

Eric Matolo, Ph.D.

Eric Matolo, Ph.D.
Vice President
Nathan Associates, Inc.

Click Here to Read Additional Material

SEGMENT 1:
Mark Rollins, CLP, Director
Insight Economics

  • Patent Owner May Recover Lost Foreign Profits
  • 2018 Supreme Court: Westerngeco v. ION Geophysical Corp
  • Entire Market Value Rule v. Smallest Patent Practicing Unit
  • 2018 Federal Circuit: Finjan v. Blue Coat Systems
  • 2018 Federal Circuit: Exmark Man. Co.  v. Briggs & Stratton Power Prods.
  • Commercial Success
  • 2018 Federal Circuit: Acorda Therapeutics v. Alkermes Pharma Ireland

SEGMENT 2:
Eric Matolo, Ph.D., Vice President
Nathan Associates, Inc.

  • Actual business negotiation considerations vs. (Litigation) damages hypothetical negotiation considerations
  • Understanding the new N.D. Cal. damages contentions requirement and the implications regarding expert opinions

SEGMENT 3:
Sara Rinke, Director
Davis & Hosfield Consulting LLC

  • The best practices/practical strategies in developing an opinion
  • Importance of coordination among tech and damages experts
  • Getting the best out of your experts…Avenues of investigation
  • Multiple analyses on a similar range of numbers (re: Daubert issues)

SEGMENT 4:
Steven Herscovici, Principal
Brattle

Types of evidence that experts use in IP litigations, with discussion of each type of evidence

  • Some evidence may come from litigants in discovery
  • Some evidence may come from third parties
  • Experts can also gather evidence through a consumer survey
    • Discussion of conjoint surveys, which allow damages expert to estimate value of particular features (i.e., features that rely on infringing technology) of larger products
      • Relates to Mark’s point about apportionment
      • Also allows expert to calculate damages under alternative liability scenarios
  • Note that these types of evidence can be used a broad range of IP cases, including in patent, copyright, and trademark litigation
Mark Rollins, CLP

Mark Rollins, CLPDirectorInsight Economics

Mark Rollins is an expert at Insight Economics and has been primarily focused on financial matters pertaining to intellectual property since 2006. Mr. Rollins provides expertise in intellectual property valuation, litigation consulting, strategy, monetization, and transactional services.  Mr. Rollins has worked on hundreds of consulting and litigation engagements throughout his career. His experience spans a variety of industries including: consumer electronics, E-commerce, food and beverage, financial services, interactive gaming systems, medical equipment, mobile devices, pharmaceutical, and telecommunication. Mr. Rollins holds a B.S. in Business Administration from the Haas School of Business at the University of California, Berkeley. He is a Certified Licensing Professional and a member of the American Bar Association's Intellectual Property Section.

Steven Herscovici

Steven HerscoviciPrincipalBrattle

Steven Herscovici, a Principal with The Brattle Group in Boston, specializes in the application of economics, finance, and data analysis to litigation and other complex business issues. He has extensive experience managing large economic consulting projects, many involving multiple expert witnesses. Dr. Herscovici has also presented economic analyses to corporate boards and executives, and to federal and state agencies such as the Departments of Justice and Treasury, Federal Trade Commission, Securities and Exchange Commission, and state Attorneys General.

Dr. Herscovici has significant experience working on matters involving copyrights, trademarks, trade secrets, and other intellectual property. He has provided economic analyses in numerous high-profile music licensing and copyright infringement cases. He has also worked on trademark and false advertising matters. Many of these matters involve designing surveys and/or analyzing existing consumer research.

On matters of public policy, Dr. Herscovici was a coauthor of the report commissioned by the Office of the Governor for the Commonwealth of Massachusetts to evaluate the Boston 2024 bid for the 2024 Summer Olympic Games. He also has coauthored amicus briefs with other academic and consulting economists on antitrust issues involving the pharmaceutical industry.

Sara Rinke

Sara RinkeDirectorDavis & Hosfield Consulting LLC

Sara Rinke is a Director at Davis & Hosfield Consulting LLC. She has provided dispute resolution services for cases involving patent infringement, trademark infringement, copyright infringement, trade secret misappropriation, breach of contract, unfair competition, inducement, and breach of fiduciary duty, among others.

Ms. Rinke has conducted complex financial analyses involving lost sales, lost profits, incremental profits, manufacturing and marketing capacity, fixed and variable costs, product line profitability, price erosion, reasonable royalties, unjust enrichment, commercial success, and prejudgment and post-verdict interest for both plaintiffs and defendants.  Ms. Rinke has issued expert reports and testified at trial and in deposition in matters related to these studies both in U.S. and international courts.  She has also presented and lectured on intellectual property damages.

Ms. Rinke’s case experience encompasses a broad array of products and industries including analytical equipment, automotive, aviation, biological sciences, cellular equipment, computer hardware, computer software and system architecture, consumer products, heavy machinery, Internet security, medical devices, and pharmaceuticals.

Eric Matolo, Ph.D.

Eric Matolo, Ph.D.Vice PresidentNathan Associates, Inc.

Dr. Matolo is a Vice President at Nathan Associates Inc., an economics consulting firm that provides economic, financial, and statistical research and analysis to private and public sector clients in the United States and abroad.  He holds a Ph.D. and an M.A. in economics from the University of California at Santa Barbara, and a B.A. in economics/mathematics from the University of California at Santa Barbara.

Dr. Matolo specializes in the economic analysis of complex business matters.  He has extensive experience in analyzing and computing economic damages resulting from misappropriation of various forms of intellectual property, including patents, trademarks, trade dress, trade secrets, and/or copyrights.  This experience covers determination of reasonable royalties, FRAND licensing terms, lost profits, and unjust enrichment.  The intellectual property rights Dr. Matolo has analyzed have covered many different industries, such as semiconductor technology, software, wireless technology, apparel, medical devices, medical instruments, concession services, music and entertainment, automotive, energy management systems, consulting services, and various consumer goods.  Dr. Matolo has served as a consulting expert and as a testifying expert.

In addition to consulting work, Dr. Matolo has taught economics at the University of Southern California and served as a referee for the International Journal of the Economics of Business.

Course Level:
   Intermediate

Advance Preparation:
   Print and review course materials

Method Of Presentation:
   On-demand Webcast

Prerequisite:
   Experience in IP litigation

Course Code:
   147576

NY Category of CLE Credit:
   Areas of Professional Practice

Total Credits:
   2.0 CLE

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About the Knowledge Group

The Knowledge Group

The Knowledge Group has been a leading global provider of Continuing Education (CLE, CPE) for over 13 Years. We produce over 450 LIVE webcasts annually and have a catalog of over 4,000 on-demand courses.

About the Knowledge Group

The Knowledge Group

The Knowledge Group has been a leading global provider of Continuing Education (CLE, CPE) for over 13 Years. We produce over 450 LIVE webcasts annually and have a catalog of over 4,000 on-demand courses.

Insight Economics provides economic insight and expertise that courts and clients use to make economically informed decisions.  The company offers economic analyses and advisory services for consulting and litigation clients related to Expert Witness Testimony, Economic Analysis, Valuation, and Strategy & Monetization.  Experts at the firm are relied upon to provide expert economic analysis and testimony in matters ranging from intellectual property, antitrust and competition, economic harm, mediation and arbitration, and bankruptcy across various industries including consumer electronics, food and beverage, pharmaceuticals, semiconductors, and telecommunications.  Insight Economics provides services for courts, companies, and individuals across the country and internationally to improve economic clarity and reasoning for the betterment of our marketplace, our institutions, and the broader society.  We have offices in the Boston and San Diego areas.

Website: https://www.insighteconomics.com/

The Brattle Group provides consulting and expert testimony in economics, finance, and regulation to corporations, law firms, and governments around the world. We are distinguished by our credibility and the clarity of our insights, which arise from the stature of our experts, affiliations with leading international academics and industry specialists, and thoughtful, timely, and transparent work. Our clients value our commitment to providing clear, independent results.

Brattle’s intellectual property group has a proven track record of successful case execution, and has submitted expert reports in over 100 IP matters. Our Principals have expertise in patent infringement damages, theft of trade secrets, contract disputes, and trademark and false advertising. Our collective experience spans a wide range of industries, including medical devices, pharmaceuticals, biologic drugs, computer hardware and software, telecommunications, navigation and location technologies, and consumer products.

Website: http://www.brattle.com/

Located in Chicago, Illinois, Davis & Hosfield Consulting LLC specializes in financial consulting within the litigation and dispute resolution process.  Davis & Hosfield assists its clients and their attorneys in analyzing the complex financial and economic issues involved in litigation.  Its professionals have testified as expert witnesses in hundreds of lawsuits, involving issues such as patent infringement, trademark infringement, trade secret misappropriation, breach of contract, post-acquisition disputes, business valuations, antitrust, and many other areas.

Website: https://www.dhllc.com/

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, CFA charterholders, and CPAs, skilled in the application of economics, statistics, accounting, finance, and valuation.

Nathan has more than 350 professionals, working from offices in California, Texas, Virginia, Boston, Chennai, Delhi, and London.

Website: https://www.nathaninc.com/

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