Patent Infringement Reasonable Royalty Damages Strategies In Light of Recent Federal Circuit Decisions

Drew Voth CPA/CFF/CVA/CFE/CIRA/CDBV, is a Senior Director with Alvarez & Marsal. Mr. Voth is a damages expert, valuation expert, and fraud examiner, whose 20+ year practice also includes intellectual property transaction and licensing consulting. Notable intellectual property engagements include: successful testimony in the oft-cited copyright infringement indirect damages matter Mackie v. Reiser, 296 F.3d 909 (9th Cir. 2002); testimony for L’Oreal supporting its $11.6 million patent infringement, trade dress infringement and false advertising jury verdict against an infringer; a no-damage ruling in a patent infringement legal malpractice claim in excess of a billion dollars; and testimony in multimillion dollar jury verdicts in various trade secret theft matters.

Mark W. Pedigo, CPA/ABV/CFF/CVA is a Senior Principal in the Forensic and Litigation Consulting and Valuation and Corporate Finance practices of GHP Horwath, P.C. He has over 30 years of experience in economic damages analysis, valuation, strategic consulting, and financial analysis. Mr. Pedigo provides consulting, valuation and expert testimony services to counsel on behalf of plaintiffs and defendants involved in commercial disputes. He has analyzed economic damages and performed forensic accounting analyses, prepared expert reports, and provided expert testimony in the many types of disputes, including intellectual property disputes, breach of contract matters, business interruption matters, and other commercial litigation. Mr. Pedigo has assessed a broad range of patent infringement damages issues, including, but not limited to: lost profits, convoyed sales, price erosion, and reasonable royalties (including issues such as non-infringing alternatives, comparable licenses, and demand for the patented component).

Matthew Holohan is an attorney at the Denver office of Kilpatrick Townsend & Stockton LLP. Matthew has extensive experience representing clients through all stages of litigation, including trials and appeals, appearing in federal and state courts as well as the United States International Trade Commission. His work focuses on patent litigation matters, representing clients in areas such as telecommunications, software, and semiconductor manufacturing. Matthew is a former law clerk to the Honorable Marilyn Hall Patel of the United States District Court for the Northern District of California. He received a Bachelor of Arts in Physics and his law degree from the University of California, Berkeley.

Dr. Lisa Cameron is a Principal at The Brattle Group with over fifteen years of experience in providing economic analyses of intellectual property issues. She has prepared testimony on reasonable royalties and lost profits for clients in industries ranging from software to consumer products to pharmaceuticals and medical devices. Dr. Cameron has also prepared expert reports on irreparable harm and commercial success on behalf of both plaintiffs and defendants. She has testified on competition and investment issues and has published in leading academic and professional journals in the areas of industrial organization and regulation. Her writings include one of the few studies addressing the economics of irreparable harm, “Preliminary Injunctions in Pharmaceutical Litigation: the Economics of Irreparable Harm.”

Prior to becoming a consultant, Dr. Cameron was a professor of economics in Carnegie Mellon University’s Graduate School of Business, where she taught courses in microeconomic theory, regulation, and antitrust policy.

Louis Tompros is a partner in the firm’s Litigation/Controversy Department, and a member of the Intellectual Property Litigation and Appellate and Supreme Court Litigation Practice Groups. Mr. Tompros’s practice focuses on intellectual property matters at the trial and appellate levels. He has represented clients in patent disputes involving a variety of technologies, including smartphones, semiconductors, networking, alternative energy, pharmaceuticals, blood and bone marrow treatments, power converters, digital imaging, video compression, mobile multimedia, hard drive testing and plastic storage devices. He has also represented companies in design patent, trademark, trade dress, unfair competition, trade secret, contract, antitrust and products liability matters. His practice has encompassed all facets of litigation, including discovery, settlement, alternative dispute resolution, trials, injunction proceedings and appeals. His trial experience includes bench and jury trials in federal and state courts, and before administrative agencies including the International Trade Commission, and his appellate experience includes argument before the United States Court of Appeals for the Federal Circuit.