Patent Infringement: A Legal and Economic Outlook Recording

The calculation of patent infringement damages has long troubled practitioners, regulators and businesses while court decisions continue to bring significant changes on the patent damages landscape. In recent notable court decisions, the U.S. Supreme Court issued an opinion that makes it easier for …

Patent Infringement: A Legal and Economic Outlook

Wednesday, March 22, 2017

3:00 pm – 5:00 pm (EST)

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Media, Technology, and Copyright

Charles River Associates

Nelson Bumgardner PC

Media, Technology, and Copyright

Website: http://www.mediatechcopy.com/

Charles River Associates

Founded in 1965, Charles River Associates is a leading consulting firm that provides economic, financial, and strategic analysis of IP issues. Headquartered in Boston, the firm has offices internationally. CRA uses a combination of industry experience and rigorous, fact-based analysis in order to provide clients with clear, implementable solutions to complex business problems. Whether you are making a critical IP strategy decision or assessing risk in high-stakes IP litigation, CRA’s intellectual property experts offer deep industry specialization, broad cross-functional expertise, and a proven analytical approach.

Website: http://www.crai.com/

Nelson Bumgardner PC

Nelson Bumgardner PC is a boutique law firm located in Fort Worth, Texas specializing in technology and intellectual property cases. The firm is particularly experienced in assisting patent owners enforce and defend their intellectual property.

Website: http://nelbum.com/

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Michael A. Einhorn, Ph.D.
Michael A. Einhorn, Ph.D.
Economic Consultant and Expert Witness
Media, Technology, and Copyright

Michael A. Einhorn  is an economic consultant and expert witness in the areas of intellectual property, media, entertainment, technology, trademarks, publicity rights, and product design.  He received a B.A. from Dartmouth College,  a Ph. D.  in economics from Yale University, and is the author of Media, Technology, and Copyright: Integrating Law and Economics (Edward Elgar Publishers, 2004).  He is also a former professor of economics at Rutgers University and adjunct professor at the Silberman School of Business (Fairleigh Dickinson University),  a Senior Research Fellow at the Columbia Institute for Tele-Information,  and the author of seventy professional and academic articles related to intellectual property and economic analysis.

Dr. Einhorn has provided valuation services in the following areas as a consultant or expert witness:

Patents and Technology:  Semiconductors, cellular, software, medical technology, clutch components, pet goods and general patents. 

Trademarks, Trade Secrets, and Advertising: Trademarks,   trade secrets, and advertising.

Music: Recording artists, record labels,  producers, publishers, performing rights organizations, radio stations, live venues, and estates.

Video: Movies, cable programs, product placement, treatments,  soundtrack, TV programs, satellite programming,  DVD videos, and cable operations.   

Design, Apparel, and Art: Apparel, architecture, medical illustrations,  photography, sculpture, cartoons,  toys, and commercial marketing.

Publicity Rights and Estate Valuations:  Names and likenesses, estate valuations.

Cyberspace:  Music services, proprietary software, open source software, electronic publishing, video games,  search engines, and domain names.

Antitrust and Commercial Losses:  Antitrust, breach of contract, and commercial injury in actions involving AT&T,  California Scents, Safmor, Inc.,  Golden Channels Company of Israel, and St. Joseph’s Regional Hospital (College Station, Texas). 

Jeffery A. Stec, Ph.D.
Jeffery A. Stec, Ph.D.
Vice President
Charles River Associates

As a Vice President of Charles River Associates, Dr. Stec has worked with clients in the areas of antitrust, finance, intellectual property, and survey research as both a consulting expert and as an expert witness. In the area of patents, Dr. Stec has conducted economic and econometric analyses to determine the value of intellectual property as well as the amount of economic damages resulting from patent infringement claims. He has testified in Federal and State courts as well as at arbitrations and hearings on damages-related issues. He has also evaluated economic issues and testified in the context of Section 337 investigations at the U.S. International Trade Commission. Dr. Stec has a Ph.D and M.A. in economics from the Ohio State University.  He also has B.A. degrees in Economics from the University of Illinois – Chicago and in Psychology and Philosophy from Cornell University.

Clifford Chad Henson
Clifford Chad Henson
Attorney
Nelson Bumgardner PC

Clifford Chad Henson is an attorney at Nelson Bumgardner PC, where his practice focuses on patent infringement damages and the intersection of intellectual property with administrative and antitrust law. He also teaches advanced topics in patent litigation at the Texas A&M University School of Law and serves as the chair of the Education committee for the DFW Association for Business Economics. Chad holds an MS in Finance and a JD magna cum laude from the University of Illinois. Prior to entering private practice, he held academic and research positions at leading research institutions, including the Mercatus Center, University of Illinois, Property and Environment Research Center, and Washington University in St. Louis.

Key Topics

The calculation of patent infringement damages has long troubled practitioners, regulators and businesses while court decisions continue to bring significant changes on the patent damages landscape. In recent notable court decisions, the U.S. Supreme Court issued an opinion that makes it easier for patent owners to win enhanced damages in a patent infringement cases. The SC also highlighted that calculating damages for design patents should not be based on the profits for the entire product if it consists of many parts, thus, changing the standard for design patent damages.

In this LIVE Webcast, the Knowledge Group has assembled a panel of key thought leaders to provide the audience with an in-depth analysis of patent infringement in legal and economic perspective. The speakers will also discuss recent court opinions and its impact to the current landscape of patent infringement litigation.

Some of the major topics that will be covered in this course are:

  • Basics of Patent Infringement Damages
  • Analytic Frameworks for Estimating Damages
  • Determining the Royalty Base 
  • Understanding the Entire Market Value Rule
  • Calculating a Reasonable Royalty Rate
  • Standards for Proving Lost Profits Damages
  • Effect of FRAND Obligations and Competition Law on Patent Damages
  • Impact of Recent Court Decisions on Patent Damages Calculation

Who Should Attend
  • Intellectual Property Lawyers
  • Patent Licensing Attorneys
  • Patent Attorneys
  • IP Counsel
  • Patent Litigators
  • Legal and Compliance Executives
  • Damages Experts
  • Other Related/Interested Professional

Credit Info
Course Level: Intermediate
Prerequisite: Experience on patent infringement litigation
Method Of Presentation: Group-Internet Based
Credits: 2.0
Course Code: 146339
NASBA Field of Study: Business Law
NY Category of CLE Credit: Skills

The calculation of patent infringement damages has long troubled practitioners, regulators and businesses while court decisions continue to bring significant changes on the patent damages landscape. In recent notable court decisions, the U.S. Supreme Court issued an opinion that makes it easier for patent owners to win enhanced damages in a patent infringement cases. The SC also highlighted that calculating damages for design patents should not be based on the profits for the entire product if it consists of many parts, thus, changing the standard for design patent damages.

In this LIVE Webcast, the Knowledge Group has assembled a panel of key thought leaders to provide the audience with an in-depth analysis of patent infringement in legal and economic perspective. The speakers will also discuss recent court opinions and its impact to the current landscape of patent infringement litigation.

Some of the major topics that will be covered in this course are:

  • Basics of Patent Infringement Damages
  • Analytic Frameworks for Estimating Damages
  • Determining the Royalty Base 
  • Understanding the Entire Market Value Rule
  • Calculating a Reasonable Royalty Rate
  • Standards for Proving Lost Profits Damages
  • Effect of FRAND Obligations and Competition Law on Patent Damages
  • Impact of Recent Court Decisions on Patent Damages Calculation

SEGMENT 1:
Michael A. Einhorn, Ph.D., Economic Consultant and Expert Witness
Media, Technology, and Copyright

  • Frameworks for Patent Damages
    • Types of Damages: Overview
      • Types of Actual Damages: Overview
        • Reasonable Royalty (most common, detailed in second segment)
          • Georgia Pacific
          • ResQNet v Lansa
        • Lost Profits (less common, detailed in third segment)
      • Other Damages
        • Disgorgement
        • Enhanced Damages (???)
    • Proof of Damages
      • Threshold Requirement on Expert Testimony (Daubert Trilogy)
      • Use of Settlements & Contracts
        • ResQNet
        • Mondis
      • Analytic Approach (TWM v. Dura)
      • Use of Book of Wisdom (Fromsen)

SEGMENT 2:
Jeffery A. Stec, Vice President
Charles River Associates

  • Fundamental Issues in Reasonable Royalty Calculation
    • Smallest saleable patent-practicing unit (SSPPU)/article of manufacture (AM)
      • Cornell v. Hewlett Packard
      • LaserDynamics v. Quanta Computer
      • ART+Com v. Google
      • Core Wireless v. Apple
      • Samsung v. Apple           
    • Entire Market Value Rule
      • Rite Hite v. Kelley
      • Lucent v. Gateway
      • AstraZeneca v. Apotex
      • GoDaddy.com v. Rpost Communications
      • Power Integrations v. Fairchild Semiconductor
    • Apportionment
      • Need for Apportionment
        • Uniloc v. Microsoft
        • VirNetx v. Cisco and Apple
      • Apportionment Methods
        • Revealed preferences v. stated preferences
        • Statistical Methods
        • Hedonic Price Regressions
        • Surveys

SEGMENT 3:
Clifford Chad Henson, Attorney
Nelson Bumgardner PC

  • Special Cases in Patent Damages
    • Lost Profit Damages
      • Causation Framework & Burden of Proof
      • Availability (Panduit Factors I-III)
        • Demand for Patented Product (brief)
          • Requirement of Sales
          • Product Demand vs. Patented Feature Demand (DePuy Spine v. Medtronic)
        • Available, Acceptable, Non-Infringing Alternatives
          • Economic Principles
            • Imperfect Competition
            • Demand Elasticity
          • Availability
            • Requirements for availability
            • Off-market alternative: Grain Processing & limitations
          • Acceptability
            • General Requirements
            • Distinction Between Patent and Antitrust Markets
              • IGT v. Alliance Gaming (Fed. Cir.)
              • Robertson v. Super X (N.D. Ill.)
          • Non-Infringing (Smith & Nephew v. Arthrex, etc.)
          • Issues of Proof
            • Sources of Information
              • Client and Customer survey/interview
              • Marketing Materials
              • Sales Data
            • Data to Seek in Discovery
            • Declared vs. Revealed Preferences
        • Manufacturing and Marketing Capacity
          • Basic Requirement
          • Issues for Putative Practitioners
      • Quantification (Panduit Factor 4)
        • Fixed & Incremental Expenses/Profits
        • Partial LP, Partial RR
      • Alternatives to Panduit
        • Two-supplier market
        • Market share
      • Special considerations for experts
        • Knowledge of market structure
        • Accounting expertise
    • FRAND-Encumbered Patents and SEPs
      • Ericcson v. D-Link
      • Contract Law Effects on Damages
        • Apple v. Motorola Mobility
        • Microsoft v. Motorola
        • Transfers to PAEs
      • Competition Law Effects on Damages
        • FTC complaints
        • Apple v. Nokia and related complaints

This is a must attend event for patent owners and their counsel interested in understanding the legal and economic aspects of patent infringement.

During this LIVE Webcast, you will hear: 

  • Detailed guidance explained by the most qualified key leaders & practitioners.
  • Hear directly from key thought leaders
  • Interact directly with the panel during Q&A

Register now and avail of the early bird discount. Space is limited. Please click the registration button below to enroll in this course today.

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