How to Determine Patent Infringement Reasonable Royalty Damages: Tools and Tips for 2019
The increasing number of patent infringement cases have instigated the Federal Circuit and the lower courts to be more critical in scrutinizing and valuating reasonable royalty damages. However, proper apportionment of damages remains a struggle for litigators as there is a continuous shift in the standards for the determination of a reasonable royalty rate. Thus, giving rise to more complex challenges in determining patent infringement reasonable royalty damages.
In this LIVE Webcast, a panel of distinguished professionals and thought leaders organized by The Knowledge Group will provide an in-depth discussion of the fundamentals of assessing patent infringement reasonable royalty damages. Speakers will analyze critical risk issues and share best practices to efficiently and effectively calculate damages while avoiding potential risks and pitfalls.
Key topics include:
- Patent Infringement Reasonable Royalty Damages: Fundamentals
- Recent Court Rulings and Decisions
- Emerging Critical Issues
- Best Patent Valuation Strategies
- 2019 Outlook
D. Scott Bosworth, Vice President
Nathan Associates Inc.
- How changes in patent ownership over time affect reasonable royalty analysis
- How changes in the enforcement strategy of patent owners over time affect reasonable royalty analysis
- How the “intent” behind a patent license agreement affects reasonable royalty analysis
Shogo Hamasaki, Manager
Analysis Group, Inc.
- Apportionment for reasonable royalty determinations
- Based on portfolio licenses with comparable technology
- Quantitative methods: based on technical and economic analyses
- Qualitative indicators of value
- Useful case facts and licensing practices
- Based on portfolio licenses with comparable technology
Benjamin J. Schladweiler, Shareholder
Greenberg Traurig LLP
- Methodologies for determining FRAND royalties for portfolios containing multiple standard essential patents
- Problems with royalty stacking for standard essential patents (including useful case facts and practices).
- Calculating royalties in absence of comparable license agreements
- Ranges of rates (can a rate ever be zero or equal to or more than lost profits?)
Who Should Attend:
- Patent Attorneys
- Patent Litigators
- Patent Consultants
- IP Attorneys
- IP Consultants and Experts
- Patent Owners
- Patent Licensing Attorneys
- Patent Counsel
- In-House Counsel
- Other Related/Interested Professionals
Mr. Bosworth has over 12 years of experience in providing expert consulting, analysis and testimony in a diverse range of areas, including intellectual property, antitrust, commercial damages, and labor disputes.
His practice focuses on quantifying damages in the form of lost profits, reasonable royalties, unjust enrichment or other sources of harm stemming from business interruptions, unfair competition, abuse of market power, and industry cartelization. Mr. Bosworth has experience in a number of industries, including semiconductors, mobile devices and applications, medical devices, health supplements, food and beverage, construction, and household appliances.
Mr. Bosworth has offered expert opinions in federal and state matters and has provided both deposition and trial testimony. He holds undergraduate and graduate degrees in economics, and is a CFA charterholder and a member of the CFA Institute.
Mr. Bosworth has over 12 years of experience in providing expert consulting, analysis and testimony in a diverse range of …
Shogo Hamasaki is a manager at Analysis Group, one of the largest economic consulting firms. He specializes in the application of microeconomics to complex intellectual property and antitrust matters. Dr. Hamasaki’s recent work has focused on the economic analysis of contracts in innovation settings; evaluation of the economic impact of various legal and governmental interventions; and analyses of intellectual property, including reasonable royalty, commercial success, and fair, reasonable, and nondiscriminatory (FRAND) determinations. Dr. Hamasaki's case work has spanned a variety of industries, including mobile technology, pharmaceuticals, and entertainment. He holds undergraduate and doctorate degrees in economics.
Shogo Hamasaki is a manager at Analysis Group, one of the largest economic consulting firms. He specializes in the application …
Ben Schladweiler is a Shareholder at global law firm Greenberg Traurig, LLP. He litigates complex civil and intellectual property disputes, with a particular focus on patent litigation, in the United States District Court for the District of Delaware, as well as in other federal and state courts. Ben represents clients in matters arising from diverse technologies, ranging from the electronic arts (including software and semi-conductors) to pharmaceuticals to medical devices.
Ben Schladweiler is a Shareholder at global law firm Greenberg Traurig, LLP. He litigates complex civil and intellectual property disputes, …
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Method of Presentation:
Experience in patent litigation
NY Category of CLE Credit:
Areas of Professional Practice
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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, CFA charterholders, and CPAs, skilled in the application of economics, statistics, accounting, finance, and valuation.
Nathan has more than 350 professionals, working from offices in California, Texas, Virginia, Boston, Chennai, Delhi, and London.
About Analysis Group, Inc.
Analysis Group is one of the largest economics consulting firms, with more than 900 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 Greenberg Traurig LLP
Greenberg Traurig is a global law firm with approximately 2000 attorneys and governmental affairs professionals in 38 commercial and government centers across the United States and in Latin America, Europe, the Middle East, and Asia. Greenberg Traurig provides integrated, business-focused legal services for clients ranging from Fortune 500 corporations to innovative start-ups. The firm’s multidisciplinary teams include senior lawyers who have served as chief legal officers at major multinational companies and have spent years solving real-world problems in the business, political and legal arenas. For additional information, please visit www.gtlaw.com.