Lost Profits Damages in 2019: Fundamentals, Methodologies and Applications
In a patent dispute, the patent owner is awarded with lost profits damages to compensate for lost sales resulting from the sales of its competitor’s infringing products. However, proving and defending against lost profits claims can be difficult due to the complexity of the evidence required and the bases of calculating damages. It is, therefore, necessary to effectively analyze and present financial quantifications. An in-depth knowledge of the fundamentals, methodologies and applications of lost profit damages is important in implementing litigation strategies efficiently.
Join a panel of key thought leaders and distinguished professionals assembled by The Knowledge Group as they bring the audience to a road beyond the basics of defending against lost profits claims and as they delve into a comprehensive analysis of the current trends and recent court rulings. Speakers will also provide the audience with practical strategies in bringing out the best in these lawsuits in a rapidly evolving legal climate.
Key topics include:
- Lost Profit Damages – Fundamentals
- Calculation Methodologies and Applications
- Notable Court Rulings
- Proving or Defending Against Lost Profits Damage
- Litigation Strategies and Practical Tips
Gary Gutzler, Director
- Introduce Panduit; discuss what is required to prove demand, capacity, and lack of non-infringing alternatives.
Gregory Smith, Managing Director
Berkeley Research Group
- Discuss quantification and the types of info you need to obtain through discovery.
Kim Schenk, Principal
Charles River Associates
- Discuss recent cases (Mentor Graphics, WesternGECO) and trends.
Who Should Attend:
- Litigation Attorneys
- In-House Counsel
- Patent Attorneys
- Patent Litigators
- Patent Owners
- Intellectual Property Attorneys
Kimberly Schenk, CPA, CFF has more than 17 years of experience in evaluating damages in intellectual property matters. She has provided expert witness testimony in matters involving patent, trademark, and copyright infringement, as well as misappropriation of trade secret and breach of contract matters. Ms. Schenk has testified before juries in Federal Court in the Eastern District of Texas and Northern District of California, among other venues. Her experience spans a variety of industries, including medical devices, software, telecommunications, and consumer products. Ms. Schenk is a Principal in the Intellectual Property practice of Charles River Associates in Chicago.
Kimberly Schenk, CPA, CFF has more than 17 years of experience in evaluating damages in intellectual property matters. She has …
Gary Gutzler is a Director at AlixPartners, a global consulting firm. Gary has more than twenty years of experience consulting on complex financial and accounting matters in connection with intellectual property infringement, breach of contract, antitrust, and other types of disputes. He consults with clients in industries including software, hardware, aviation, consumer and industrial products, medical products, energy, and professional services. He has been retained as an expert in both litigation and consulting matters, and his clients benefit from the depth of his knowledge on lost profits, reasonable royalties, disgorgement of defendant's profits, rates and fees, and other types of damages. Gary has testified in both federal and state courts. He holds an undergraduate degree in finance and a Master of Business Administration (MBA).
Gary Gutzler is a Director at AlixPartners, a global consulting firm. Gary has more than twenty years of experience consulting …
Greg Smith is a Managing Director at Berkeley Research Group with more than 25 years of experience assisting clients by providing rigorous financial and economic analyses relating to licensing programs, damages, and the valuation of intellectual property. Mr. Smith has performed such studies in over 75 matters covering technologies from a wide range of industries. He has testified in federal and state courts on a range of financial issues, including lost profits, reasonable royalties, infringer’s profits, the valuation of businesses and/or business assets, and the forensic analysis of business records and operations. Mr. Smith holds an MBA from the University of Maryland and a BA in economics from the University of Virginia. He is a frequent speaker in seminars before professional groups, and is the co-author of a leading treatise on intellectual property damages. Mr. Smith is a Certified Public Accountant, a Master Analyst in Financial Forensics, and a Chartered Global Management Accountant.
Greg Smith is a Managing Director at Berkeley Research Group with more than 25 years of experience assisting clients by …
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Method of Presentation:
On-demand Webcast; Group-Internet Based
Experience in commercial litigation
NASBA Field of Study:
Accounting – Technical
NY Category of CLE Credit:
Areas of Professional Practice
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About Charles River Associates
Charles River Associates is a leading global consulting firm that offers economic, financial, and strategic expertise to major law firms, corporations, accounting firms, and governments around the world.
With proven skills in complex cases and exceptional strength in analytics, CRA consultants have provided astute guidance to clients in thousands of successful engagements. We offer litigation and regulatory support, business strategy and planning, market and demand forecasting, policy analysis, and risk management consulting.
Our success stems from the outstanding capabilities of our consultants, many of whom are recognized as experts in their respective fields; our close relationships with a select group of respected academic and industry experts; and from a corporate philosophy that stresses interdisciplinary collaboration and responsive service.
Headquartered in Boston, the firm has offices internationally.
About AlixPartners, LLP
AlixPartners is a results-driven global consulting firm that specializes in helping businesses successfully address their most complex and critical challenges. Our Investigations, Disputes & Risk group works on corporate investigations, litigation and arbitration, and asset recovery, serving as forensic accountants, expert witnesses, data analysts, and independent examiners. We leverage our expertise as well as technology to drive and implement an integrated approach. The way we work – with our clients and with each other – is as much part of who we are as what we actually do. It’s what makes us different – and the partner of choice. When it really matters.
About Berkeley Research Group
Berkeley Research Group, LLC (BRG) is a global consulting firm that helps leading organizations advance in three key areas: disputes and investigations, corporate finance, and strategy and operations. Headquartered in California with offices around the world, we are an integrated group of experts, industry leaders, academics, data scientists, and professionals working beyond borders and disciplines. We harness our collective expertise to deliver the inspired insights and practical strategies our clients need to stay ahead of what's next. We have in-depth experience across a wide range of industries and markets, from construction and energy to technology and healthcare. No matter what sector your business is in, we have experienced professionals who understand the challenges you face—making us better equipped to help solve them.