How to Prove Damages in Patent, Trademark and Copyright Cases: 2015

Brian W. Nolan is a Partner in the Intellectual Property group at Mayer Brown. Brian focuses his practice on intellectual property litigation and counseling in the areas of patent, trade secret, unfair competition, antitrust, trademark, counterfeit goods and copyright law.

Brian has acted as lead and trial counsel on numerous matters covering all aspects of intellectual property protection. Brian has participated in several district court trials, ITC investigations, USPTO Inter Partes Reviews and appellate proceedings relating to a wide range of technologies, including monoclonal antibodies, pharmaceuticals, receptor pharmacology, medical devices, biotechnology, medical imaging technology, crystal growth, semiconductors, laser diodes, building products, data capture systems and computer storage systems. Additionally, Brian counsels clients concerning intellectual property issues in business transactions and investment opportunities.  Brian is an adjunct professor of law at Fordham University School of Law, where he teaches a course on patent litigation.

Carmen Bremer focuses her practice on intellectual property litigation across a wide range of technologies, including alternative energy, mobile devices, software, and telecommunications. She has been involved in all facets of patent infringement litigation in federal district courts, in mediations and arbitrations, before the Federal Trade Commission, and before the U.S. Courts of Appeals for the D.C. and Federal Circuits. Carmen is active in the pro bono legal community, working with human rights organizations on cases related to women's reproductive rights, domestic violence, and prison solitary confinement practices. Carmen earned her B.A. from the University of Texas at Austin, and her J.D. summa cum laude, from the University of Houston Law Center.

Mr. Augustyn is active in all facets of patent litigation, client counseling, and prosecution. His litigation experience has involved several industries, including medical devices, electrical devices, magnetic devices, printing processes, agricultural equipment, manufacturing equipment, automotive equipment, fuel storage containers, and consumer products. He also manages the patent prosecution for several international corporations. Furthermore, he has extensive experience in the drafting and negotiation of agreements relating to intellectual property, including patent licenses, technology licenses, joint venture agreements, and research and development agreements.

Mr. Augustyn received a B.S. in Engineering, with honors, from the Illinois Institute of Technology, and a J.D. degree in 1987 from Loyola University Chicago, where he graduated at the top 10% of his class. In law school, he received several awards for scholarship and writing, and was on the National Moot Court Team. He has authored articles and chapters for books, has appeared on television and radio, and has provided seminars for attorneys and clients.

Mr. Augustyn was an instructor at Loyola University Chicago School of Law for over five years. In addition, he was the advisor of the Intellectual Property Moot Court Team at Loyola University Chicago for over fifteen years. Prior to attending law school, he worked as an engineer at a large equipment manufacturer in the areas of Design Engineering, Manufacturing Engineering, and Quality Engineering.

Mr. Augustyn has received several legal awards, including Super Lawyer, Top Rated Lawyer, and Leading Lawyer.

Justin N. McLean, Analysis Group Managing Principal, specializes in the application of finance and economics to problems in complex business litigation, including intellectual property, valuation, tax, and securities. His experience spans several industries, from banking, insurance, and high technology to telecommunications and health care. He has served as an expert witness and has provided assistance in many phases of litigation, including development, presentation, and review of pretrial discovery; preparation of testimony; and critique of analyses of opposing experts. Mr. McLean’s casework has included general damages analyses and lost profit and reasonable royalty calculations related to intellectual property misappropriation. He recently supported counsel for a large electronics manufacturer in litigation associated with features on smartphones and tablets. Mr. McLean received an M.S. in industrial administration from the Graduate School of Industrial Administration at Carnegie Mellon University, and a B.A. in economics from Swarthmore College. 

Dr. Meyer is a Senior Vice President in the Intellectual Property and Antitrust practices at NERA Economic Consulting.  With over 15 years of experience in intellectual property matters, Dr. Meyer conducts economic research and analysis in the areas of intellectual property economics, antitrust, commercial damages, business valuation, and labor economics.  She has analyzed damages arising from patent and copyright infringement, the misappropriation of trade secrets, antitrust allegations, and breaches of contract. She has worked on analysis of class certification issues and has analyzed commercial success and injunction issues in patent cases.  She has also analyzed the value of several patents, licenses, and potential business acquisitions. She has written expert reports and testified in deposition and at trial about her economic analysis. Dr. Meyer has also written numerous articles on intellectual property, including articles in Antitrust on patent-related antitrust issues and in Law360.   

Dr. Meyer received a bachelor’s degree with a concentration in Economics from United States Military Academy at West Point and a Ph.D. in economics from the Massachusetts Institute of Technology.

Kristopher Boushie is a Vice President in the Intellectual Property practice at NERA Economic Consulting. Mr. Boushie has over 30 years of experience in financial and litigation consulting, with an emphasis on forensic valuation issues, and over 20 years of experience focused on intellectual property matters. His expertise includes the analysis and preparation of damages estimates in the areas of intellectual property infringement, antitrust, distributorship terminations, contract disputes, and tort claims. He has been named as an expert in a number of cases and has testified in arbitration hearings, depositions, and district court.

Mr. Boushie is editor and contributing author of Calculating and Proving Damages published by Law Journal Press. He is a regular contributor to the Financial Valuation and Litigation Expert journal and is on its Panel of Experts. Mr. Boushie has prepared and presented a number of Continuing Legal Education and Continuing Professional Education seminars on a variety of topics related to the estimation of damages and valuation issues. He has also served as an instructor to forensic accountants at the FBI Academy in Quantico, Virginia.

Mr. Boushie received a B.S. in Economics from Allegheny College and a Masters of Accountancy from The George Washington University. He is a Certified Public Accountant, licensed in Virginia.  He is Accredited in Business Valuation and Certified in Financial Forensics. He is also a Certified Valuation Analyst and a Certified Fraud Examiner.