How to Prove Damages in Patent, Trademark and Copyright Cases: 2014 Perspective
Overview:
Our panel of key thought leaders and practitioners will offer a discussion of the fundamentals as well as updates regarding the latest and significant issues surrounding this topic. This LIVE webcast aims to help you to avoid common pitfalls and risk issues surrounding: Patent, Trademark and Copyright cases.Key topics include:
- Patent, Trademark and Copyright Cases in 2014: An Overview
- How to Determine Patent, Trademark and Copyright Infringement Damages
- Remedies For Infringement
- Recent Trends and Litigation Cases
- Compliance and Best Practices
- Up-to-Minute Regulatory Updates
- Emerging issues in patent damages
- The unresolved issue of damages from at-risk launches in Hatch Waxman cases
Agenda:
O'REILLY IP PLLC
- Patent, Trademark and Copyright Cases in 2014: An Overview
- How to Determine Patent, Trademark and Copyright Infringement Damages
- Remedies for Infringement
- Recent Trends and Litigation Cases
- Compliance and Best Practices
- Up-to-Minute Regulatory Updates
- Emerging issues in patent damages
- The unresolved issue of damages from at-risk launches in Hatch Waxman cases
Stout Risius Ross, Inc.
- Current Trends in Patent Damages: Median damages awards are declining and are higher for non-practicing entities, overview of largest awards in last year, impacts on AIA on litigation strategy.
- Entire Market Value rule and the Smallest Saleable Unit: LaserDynamics v. Quanta Computer, the CAFC overturned an $8.5 million lump sum jury award and remanded for a new damages trial. The Federal Circuit’s decision offers guidance on the proper framework for evaluating reasonable royalty damages.
- Apportionment: Plaintiff has the burden of apportionment, a low royalty is not a substitute for evidence of demand.
- Comparable Licenses: Comparable licenses are an effective way to tie damages to economic harm. Courts have long recognized that comparable licenses may be the best estimate of a reasonable royalty rate.
Axinn, Veltrop & Harkrider LLP
- How much apportionment is enough in calculating a reasonable royalty?
- The questionable case for applying the Entire Market Value Rule to lost profits claims 3. Attorney fee awards after Octane Fitness: Does the new standard matter?
FTI Forensic and Litigation Consulting
- Recent Apple v. Motorola circuit decision
- Reliable methods and principles
- Subject areas for cross examination or expert testimony
Who Should Attend:
- IP Attorneys & Related Consultants- IP Attorneys and Consultants
- Patent Licensing Attorneys
- Patent Litigators
- Other Related/Interested Professionals
Brian O’Reilly is a trial attorney that specializes in representing generic companies and individuals in pharmaceutical related cases. He is …
Stephen A. Holzen is a Director in the Dispute Advisory & Forensic Services Group. He has experience providing intellectual property …
Ted Mathias is a partner at Axinn, Veltrop & Harkrider LLP. He has litigated patent and trade secret cases that …
Carrie Distler is a Senior Managing Director in FTI’s Forensic and Litigation Consulting segment and a member of the national …
Course Level:
Intermediate
Advance Preparation:
Print and review course materials
Method of Presentation:
On-demand Webcast (CLE)
Prerequisite:
NONE
Course Code:
144688
NASBA Field of Study:
Specialized Knowledge and Applications
NY Category of CLE Credit:
Skills
Total Credits:
2.0 CLE
Login Instructions:
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SPEAKERS' FIRMS:
About O'REILLY IP PLLC
O’Reilly IP is a litigation firm specializing in helping generic companies and individuals protect and assert their rights in pharmaceutical related cases. From inventor royalty disputes, to Hatch-Waxman litigation, to contract disputes, O’Reilly IP uses smart, aggressive and creative lawyering to make sure its clients succeed.
Website: https://www.oreillyip.com/
About Stout Risius Ross, Inc.
SRR is a premier global financial advisory firm specializing in investment banking, valuation and financial opinions and dispute advisory and forensic services.
Website: https://www.srr.com/
About Axinn, Veltrop & Harkrider LLP
Axinn is a different kind of law firm. It combines the skill, experience and dedication of the world’s largest firms with the responsiveness, efficiency and attention to client needs of the best boutiques. Axinn was established in the late 1990s by lawyers from premier Wall Street firms with a common vision, and has been joined by lawyers from the best firms and law schools who share that vision. Axinn is devoted to providing the highest conceivable quality of service in three practice areas: antitrust, intellectual property and high-stakes litigation. Time and again, major companies have turned to Axinn for their biggest deals and cases, often on the eve of trial.
Website: https://www.axinn.com/
About FTI Forensic and Litigation Consulting
FTI Consulting is a leading global business advisory firm dedicated to helping organizations protect and enhance their enterprise value in difficult and increasingly complex economic, legal and regulatory environments throughout the world. We operate through five operating segments: Corporate Finance/Restructuring; Forensic and Litigation Consulting; Economic Consulting; Technology; and Strategic Communications. FTI works closely with clients to help them anticipate, understand, manage and overcome complex business matters arising from such factors as the economy, financial and credit markets, governmental regulation and legislation and litigation. FTI assists clients in addressing a broad range of business challenges, such as restructuring (including bankruptcy), financing and credit issues and indebtedness, interim business management, forensic accounting and litigation matters, international arbitrations, mergers and acquisitions, antitrust and competition matters, electronic discovery, management retrieval of electronically stored information, reputation management and strategic communications. FTI’s professionals across operating segments have expertise in highly specialized industries, including real estate and construction, automotive, telecommunications, healthcare, energy and utilities, chemicals, banking, insurance, pharmaceuticals, retail, information technology and communications, and media and entertainment.
Website: https://www.fticonsulting.com/