Intellectual Property Valuation and Damages: Nuts and Bolts in 2018
Intellectual property (IP) is becoming a key profit center for a growing number of companies from a wide array of industries. Businesses invest sizeable amounts of dollars to develop these intangible assets. In quantifying the assets’ actual economic value, a logical and analytical valuation approach is needed to be able to exploit the property to its fullest extent. IP litigation can also involve intricate valuation process because of the various challenges encountered in assessing the profit that would have been earned.
In this LIVE Webcast, a panel of distinguished professionals and thought leaders brought together by The Knowledge Group will help IP owners and their counsel understand the important aspects of this significant topic. They will provide an in-depth discussion of the recent trends and developments in IP Valuation. Speakers will also delve into practical estimation strategies and recent court rulings involving IP damages.
Key topics include:
- IP Valuation Methods: Recent Trends and Developments
- Estimating Damages in IP Litigation
- Notable Court Rulings
- Overcoming Challenges
- Maximizing IP Asset’s Value
Brian Dies, CFA, ASA, Principal
Hoffman Alvary & Company LLC
- Overview of IP Valuation techniques (Cost, Market, and Income Approaches)
- Focus on common implementations of the Income Approach
- Relief from royalty method
- Excess Earnings method
- Risk Adjustments
- Uncertainties in the current Patent System (PTAB, etc.)
- Uncertainties in Litigation Enforcement
David Leathers, Managing Director
Alvarez & Marsal
- Use of post hypothetical negotiation date/valuation date information
- Business valuation theory and guidance – what was “known or knowable” as of the date of the valuation
- The Book of Wisdom – what it says and how it has been used and abused
- Key and recent court opinions related to the subject
Peter Hess, Vice President
- Entire market value rule (EMV)/smallest saleable unit- royalty base and rate matching;
- Profit margin analysis and allocation in reasonable royalty and lost profit estimates;
- Measuring demand for patented vs. other product features - use of surveys, hedonic estimation, other market research tools;
- Select recent court opinions related to the topics above.
Who Should Attend:
- Intellectual Property and Related Attorneys
- IP Asset Managers
- IP Portfolio Managers
- Patent Attorneys
- Copyright Lawyers
- Trademark Lawyers
- Risk and Compliance Officers
- In-house Counsel
- Private Companies
- Other Related/Interested Professionals
David Leathers is a Managing Director in the Disputes and Investigations practice at Alvarez and Marsal. David brings over 25 years of experience in assisting companies, boards of directors, individuals and legal counsel with the economic, valuation and accounting issues that arise during transactions, disputes and investigations. He has testified in both federal and state courts around the United States as well as in arbitration matters.
David’s practice focuses on the technology and energy sectors. His experience includes the analysis of accounting, financial, marketing and other business information to assess the economic impact of business events and negotiation decisions. He often advises clients on business valuation and the valuation of intellectual property assets in connection with licensing and joint venture transactions, commercial disputes, capital raising activities, merger and acquisitions, and inter-company and other transactions.
He has participated in license negotiations for technologies ranging from semiconductor manufacturing to protein therapy, and is often asked to provide expert testimony on issues related to lost profits, business and intellectual property valuation, reasonable royalties, misappropriation of trade secrets, shareholder disputes, and various oil and gas related matters.
David is an Accredited Senior Appraiser (ASA) and Certified Fraud Examiner (CFE). Prior to joining Alvarez and Marsal, he led the Legal and Economic Advisory practice for a global boutique consulting firm. Previously he was a Managing Director of Huron Consulting Group, a Vice President of Charles River Associates, and a Principal and Senior Consultant at PricewaterhouseCoopers LLP.
David Leathers is a Managing Director in the Disputes and Investigations practice at Alvarez and Marsal. David brings over 25 …
Peter Hess specializes in intellectual property valuation and the application of microeconomic theory and analytical methods in litigation, business, and policy contexts. He supports leading academic and industry experts and serves as a consulting and testifying expert himself. Dr. Hess was a member of the Analysis Group team that supported affiliated experts in the Apple v. Samsung patent infringement case regarding the value of software features embodied in smartphones and tablets as drivers of purchasing decisions. His intellectual property experience spans a variety of industries including biotechnology, consumer electronics, computer hardware and software, defense, and manufacturing. His work also includes estimations of lost profits, reasonable royalties, and commercial damages. Dr. Hess received his Ph.D. and M.S. in environmental economics and policy from University of California, Berkeley, where he also was a lecturer and post-doctoral fellow.
Peter Hess specializes in intellectual property valuation and the application of microeconomic theory and analytical methods in litigation, business, and …
Brian Dies is a Principal at Hoffman Alvary. Over the course of his career, Mr. Dies’ practice has focused on strategic financial analysis in a variety of management consulting and business valuations engagements as well as in business disputes. Mr. Dies has served as an expert witness on business valuation and financial damages issues in litigations and arbitrations. He also has experience providing strategic management consulting services to law firms across the country.
Mr. Dies is a Chartered Financial Analyst, an Accredited Senior Appraiser in Business Valuation and holds a Masters in Finance. Prior to the founding of Hoffman Alvary in 1996, Mr. Dies was a staff consultant at Price Waterhouse LLP.
Brian Dies is a Principal at Hoffman Alvary. Over the course of his career, Mr. Dies’ practice has focused on …
Print and review course materials
Method of Presentation:
Basic Knowledge in IP Valuation/IP Law
NY Category of CLE Credit:
Areas of Professional Practice
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About Alvarez & Marsal
A&M is a global professional services firm specializing in turnaround and interim management, performance improvement, and business advisory services. A&M is routinely retained to perform analysis of financial information and provide estimates of value.
About Analysis Group
Analysis Group is one of the largest economics consulting firms, with more than 850 professionals across 14 offices in North America, Europe, and Asia. Since 1981, we have provided expertise in economics, finance, health care analytics, and strategy to top law firms, Fortune Global 500 companies, and government agencies worldwide. Our internal experts, together with our network of affiliated experts from academia, industry, and government, offer our clients exceptional breadth and depth of expertise.
About Hoffman Alvary & Company LLC
Hoffman Alvary & Company is a consulting firm providing independent advisory services to law firms, their clients and other institutions worldwide.
The firm’s Intellectual Property and Valuation Consulting practices assist companies and their counsel in a broad range of areas including expert witness testimony, licensing matters, valuations and general business consulting. The firm’s principals are experienced in determining and testifying to the amount of damages arising from the infringement of intellectual properties, and as well as in analyzing financial, accounting and economic issues in investigations before the International Trade Commission.
The firm’s Law Firm Consulting practice focuses on management consulting to major law firms throughout the United States, Canada, the UK and Europe, and works regularly with nearly half the AmLaw 100 and AmLaw Second Hundred firms in their strategic and tactical considerations.
For more information on Hoffman Alvary, visit www.hoffmanalvary.com.