Lost Profits and Damages Calculation: A Comprehensive Guide in 2019
Proving lost profits damages presents a wide array of challenges to patent owners and their counsel. With the ever-evolving regulatory and legal landscape, concerned professionals are faced with an increasingly complex environment for calculating lost profits damages.
The year 2018 alone has seen a number of Federal Circuit decisions addressing apportionment of patent damages. In Exmark, for instance, the court signaled a more flexible apportionment approach which allowed the use of royalty rate, apart from the royalty base, to value the patented invention. Moreover, the Finjan ruling stressed the need to apportion even the small royalty bases. Notable decisions like these are expected to impact calculation of lost profits damages in 2019 and beyond. It is, therefore, of paramount importance that counsel are well-versed with these recent developments.
In this LIVE Webcast, a panel of distinguished professionals and thought leaders assembled by The Knowledge Group will help patent owners and litigators understand the recent case laws involving Lost Profits and Damages Calculation. Speakers will present the various theories and analyses used to calculate damages. They will also provide helpful litigation strategies in light of the recent updates.
Some of the major topics that will be covered in this course are:
- Calculation of Lost Profits Damages: Theories and Analyses
- Recent Trends, Developments and Updates
- Significant Issues in Preparing and Defending Against Lost Profit Damages Claims
- Notable Cases
- Best Litigation Strategies
Stanley P. Stephenson, PhD
Litigation Economics, LLC
Gauri Prakash-Canjels, PhD
Litigation Economics, LLC
- An Overview of Damages Remedies Available in IP Cases (list the types of remedies available for each)
- Lost profits as an available remedy in all IP infringement cases
- Establishment of Causation
- Basis for Calculating Lost Profits
- Market Analysis
- Panduit Factors
- Reasonable Royalty and Disgorgement of Unjust Enrichment (Defendant's Profits)
- Need to make sure there is no double counting of the damages
Jeffery A. Stec, PhD
Berkeley Research Group, LLC
Economic damages in patent infringement cases
o The Entire Market Value Rule and apportionment
- The impact of Exmark v. Briggs and Stratton and other recent cases on reasonable royalty damages
o Appropriate geographical market for patent damages
- The expected impact of WesternGeco v. Ion Geophysical on extraterritorial damages
Russell W. Mangum III, PhD
Senior Vice President
Nathan Associates Inc.
- How lost profits calculations in IP are the same, and how they are different, from standard commercial damages cases.
Timothy J. Miller
Novack and Macey LLP
- The Use of Experts in Proving/Defending Lost Profits
- The dictates of Daubert and Kumho Tire
- Various methodologies accepted
- Garbage in/garbage out – the issue of using accurate inputs
- Do accounting principles really matter?
- Relying on client data
Who Should Attend:
- Litigation Attorneys
- In-House Counsel
- Patent Attorneys
- Patent Litigators
- Patent Owners
- Intellectual Property Attorneys
- Other Related and Interested Professionals
Dr. Stephenson has more than 40 years of experience in economics and statistics. His background includes academic, corporate, economic consulting and government positions. He served as Regional Commissioner for the Bureau of Labor Statistics, San Francisco Region; AVP at Aetna International, Inc.; and Managing Director at MESA, Inc. Dr. Stephenson taught MBA courses at the University of Hartford and authored numerous technical articles, reports, book chapters, and, most recently, co-authored the book Determining Economic Damages. Since 2003, Dr. Stephenson has provided consulting and litigation support to clients in various industries, specializing in damages assessments, economic and quantitative analysis, business valuations, and market assessments. He has experience with complex tort and commercial litigation, serving as an expert in more than 450 cases.
Dr. Stephenson has more than 40 years of experience in economics and statistics. His background includes academic, corporate, economic consulting …
Gauri Prakash-Canjels, Ph.D. Economics, has provided economic consulting services in more than 150 cases. She is a seasoned expert and has served as an expert in Federal and State courts as well as mediation and the Federal Trade Commission hearings. Prior to being a Principal at Litigation Economics, Dr. Prakash-Canjels was a Consulting Director at Brewer Attorneys and Counselors (formerly, Bickel and Brewer). She was a Managing Director and founding member of GreatBridge Consulting, Inc. Prior to founding GreatBridge Consulting in 2012, Dr. Prakash-Canjels was a Principal at The Kenrich Group, a national business and litigation consulting firm. Her background includes academic, corporate, economic consulting, and non-governmental organization positions.
Gauri Prakash-Canjels, Ph.D. Economics, has provided economic consulting services in more than 150 cases. She is a seasoned expert and …
Dr. Jeffery Stec is a Managing Director, a leader of Berkeley Research Group’s Intellectual Property practice, and a co-leader of its Economics & Damages community. He has worked extensively over the last 18 years in the areas of antitrust, finance, intellectual property, and survey research, as both a consulting expert and an expert witness. His engagements typically involve the application of economic, financial, statistical, and survey research theory to the collection and analysis of data to evaluate the economic impact of decisions made by consumers and firms. In the area of survey research, Dr. Stec has both created and critically evaluated surveys in the context of antitrust, finance, and intellectual property engagements. He has developed complex sample designs, designed survey questionnaires, and collected and analyzed survey data. He has conducted surveys that have been used to determine consumers’ perceptions and actions in the marketplace, including whether products’ names or trade dress are distinctive, confusing, or generic. Dr. Stec has also examined how products are used in the marketplace and how consumers value product features. He has testified regarding economics, econometrics, and survey research as an expert witness in Federal Courts, State Courts, and in front of various arbitration and government entities, like the US International Trade Commission. Dr. Stec has Ph.D. and MA degrees in Economics from the Ohio State University. He has BA degrees in Economics with a Math minor from the University of Illinois – Chicago and in Psychology and Philosophy from Cornell University.
Dr. Jeffery Stec is a Managing Director, a leader of Berkeley Research Group’s Intellectual Property practice, and a co-leader of …
Dr. Mangum has over 23 years experience in economic research and analysis. He has served as a consulting and testifying expert in the private sector and for local, state, and federal governments.
His practice focuses on economic analysis and expert testimony in a wide range of matters involving intellectual property, antitrust, class certification, and damage quantification.
Examples of his work as an expert include estimation of lost profits and reasonable royalty in patent infringement matters; analysis of relevant markets and lost profits in antitrust cases; and valuation of intellectual property. Dr. Mangum has also taught courses in economics, statistics, and econometrics at three colleges and universities.
Dr. Mangum has over 23 years experience in economic research and analysis. He has served as a consulting and testifying …
Tim Miller is a partner and the General Counsel of Novack and Macey LLP, a sophisticated business litigation boutique in Chicago. He has extensive trial experience in state and federal courts throughout the country. His clients consist of a wide range of business corporations and institutions, partnerships and individuals. Mr. Miller also represents lawyers and law firms accused of malpractice.
Mr. Miller received his law degree from Duke University Law School. He is consistently ranked as one of the top Lawyers in Illinois per Super Lawyers Magazine for his work in commercial litigation and has been selected by his peers and an independent panel as an Illinois “Leading Lawyer” annually since 2004.
Tim Miller is a partner and the General Counsel of Novack and Macey LLP, a sophisticated business litigation boutique in …
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Method Of Presentation:
General knowledge in commercial litigation
NY Category of CLE Credit:
Areas of Professional Practice
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About Litigation Economics, LLC
For over 25 years Litigation Economics has provided economic, accounting, and financial consulting in tort and commercial litigation, including numerous jury trial testimonies in complex commercial cases. Litigation Economics experts assess economic damages in a variety of complex litigation, including personal and commercial losses, antitrust, contract breach, business interruption, products liability, construction defects, lost profits, business valuation, intellectual property, and personal injury. www.litigationeconomics.com
About Berkeley Research Group, LLC
Berkeley Research Group is a leading global strategic advisory and expert consulting firm that provides independent advice, data analytics, valuation, authoritative studies, expert testimony, investigations, transaction advisory, restructuring services, and regulatory and dispute consulting to Fortune 500 corporations, financial institutions, government agencies, major law firms, and regulatory bodies around the world. BRG experts and consultants combine intellectual rigor with practical, real-world experience and an in-depth understanding of industries and markets. Their expertise spans economics and finance, data analytics and statistics, and public policy in many of the major sectors of our economy, including healthcare, banking, information technology, energy, construction, and real estate. Named by Forbes as one of America’s Best Management Consulting Firms in 2017, BRG is headquartered in Emeryville, California, with offices across the United States and in Asia, Australia, Canada, Latin America, the Middle East, and the United Kingdom.
About Nathan Associates Inc.
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, CFAs, and CPAs, skilled in the application of economics, statistics, accounting, finance and valuation.
Nathan has more than 350 professionals, working from offices in California, Virginia, Boston, Chennai, Delhi, and London.
About Novack and Macey LLP
Novack and Macey LLP is a sophisticated business and commercial litigation boutique that represents both defendants and plaintiffs in a wide variety of disputes, involving trial and appellate practice in state and federal courts and arbitrations. The Firm is known for representing clients in high-stakes business litigation, with a particular emphasis on financial services, commercial real estate, energy, gaming, manufacturing, closely-held companies and partnerships, and in representing other lawyers and law firms.