How to Prove Reasonable Royalty in Patent Damages

John B. Scherling is a Partner in the San Diego office of Sughrue Mion, PLLC, focusing on litigation and resolution of intellectual property disputes for Sughrue’s domestic and international clients. He previously served as an Assistant United States Attorney in the Southern District of California, where he handled all aspects of litigation including jury trials, bench trials and appeals in the United States Court of Appeals and received numerous awards from the United States Department of Justice and the Department of State for his successful litigation on behalf of the United States. Mr. Scherling received his J.D. from Vanderbilt University, where he was Order of the Coif and Associate Articles Editor of the Vanderbilt Law Review. He has written and spoken extensively on a variety of litigation and patent topics, including patent damages

Krista F. Holt is the President and CEO of GreatBridge Consulting. Ms. Holt has testified on lost profits, determination of reasonable royalties, accounting of defendant’s profits, and intellectual property valuations in patent, trademark, trade secret, copyright, false advertising, antitrust, and breach of contract cases. She has testified at trial in both Federal and State courts.

Ms. Holt previously served as Vice President at The Kenrich Group, a national business and litigation consulting firm, where she founded and managed the Intellectual Property practice. Prior to that, Ms. Holt founded and led the Washington, D.C. Expert Testimony Practice and National Survey Practice as a Managing Director for Ocean Tomo, a firm providing financial products and services related to intellectual property.

Prior to its acquisition by Ocean Tomo, Ms. Holt was a Senior Consultant for Tait Advisory Services’ Intellectual Property Practice. She also served as Senior Financial Officer of a manufacturing wholesaler and an engineering firm, and as the Director of Marketing at a prominent marketing firm. Ms. Holt holds an MBA from the University of Louisville and a BA from Wake Forest University.

Steven Yovits is a partner in Mayer Brown’s Intellectual Property group. His practice focuses on patent litigation and counseling. Mr. Yovits holds a master’s degree in electrical engineering and has litigated patent cases involving computer software, Internet applications, business methods, computer hardware, electronics, telephony and wireless technology. He has also counseled clients regarding strategic usage of patent portfolios, threats of litigation, licensing, trade secrets and other intellectual property issues. In addition, Mr. Yovits has extensive experience in the area of patent damages.

For several years before attending law school, Mr. Yovits worked as an electrical engineer for Westinghouse and as a manufacturing engineer for Kraft Foods.

Mr. Yovits is registered to practice before the United States Patent and Trademark Office.

Tom Jenkins is a partner in the Intellectual Property practice at Mayer Brown and is based in the firm’s Chicago office. He works primarily in the field of patent litigation and counseling.

Mr. Jenkins has litigated patents across a broad range of technologies, including chemical, biotech, medical device and pharmaceutical. Mr. Jenkins also has extensive experience in the area of patent damages.

DeForest McDuff, Ph.D. is an expert in economics, finance, and statistics and applies his skills to economic damages analysis and expert witness services. Dr. McDuff has expertise in the economics of intellectual property and technology, and his work focuses on analyses relating to lost profits, reasonable royalty, unjust enrichment, unfair competition, commercial success, long-felt need and irreparable harm. Dr. McDuff has provided economic consulting services in a variety of projects, relating to pharmaceuticals, biotechnology, diagnostics, medical devices, semiconductors, computers, software, and telecommunications.

Dr. McDuff earned his B.A. in economics and B.S. in mathematics from the University of Maryland at College Park, and his M.A. and Ph.D. in economics from Princeton University. While at Princeton, he was awarded a National Science Foundation Graduate Research Fellowship to fund his academic research. Prior to joining Quant Economics, Dr. McDuff was a trading analyst for JP Morgan Chase.