Patent Valuation for Software Inventions: What You Need to Know in 2016
As the US Supreme Court's decision in Alice Corp. v. CLS Bank International continues to remold the landscape of patent-eligibility, assessing the value of software patents is becoming more challenging. Compounding the difficulties from a shifting legal landscape, the technical evolution of software and software patents may have outpaced many of the traditional valuation tools used by business owners and the Courts. Patent owners need to reassess the value of software patents and portfolios and the potential for litigation damages recovery.
In this two-hour LIVE Webcast, a panel of distinguished professionals and thought leaders assembled by The Knowledge Group will provide the audience with an in-depth discussion of Patent Valuation for Software Inventions and will help them understand the important aspects of this noteworthy topic. Speakers will also offer best practices in software patent valuation methodology and strategies for damages recovery in litigation.
Key topics include:
- Patent Valuation for Software Inventions – An Overview
- Challenges in the Valuation Process
- Traditional Valuation Approaches
- Differences when Addressing Licensing Entities and Defensive Portfolios
- Valuation in a Litigation Context
- Importance of Apportionment in Litigation
- Additional Useful Valuation Tools
Justin N. McLean, Managing Principal
Analysis Group, Inc.
- Use of software across many product categories
- Overview of a variety of different types of analytical approaches for software valuation
- Focus on types of surveys that can be used
- Introduction to Conjoint Analysis
- Introduction to Econometric/Hedonic models
- Other considerations regarding software values including life cycles, obsolescence, and maintenance
Brian Dies, CFA, Principal
Hoffman Alvary & Company LLC
Strategic Valuation of Software Patents
- Valuing software patents requires both an understanding of the technology and an understanding of the intended strategic use of the patent by the patent holder.
- Software patent valuation is particularly challenging for a variety of reasons including issues of apportionment, lack of comparable public licensing information and an evolving legal environment and case law.
- The standard valuation methods including the cost, market and income approaches can work well when valuing certain types of software patents used in existing products offered for sale by the patent owner.
- Traditional valuation approaches may not be as appropriate when valuing software patents held as part of portfolios used for primarily for enforcement through licensing or litigation or held as part for portfolios used primarily strategic defensive reasons.
Who Should Attend:
- Patent Attorneys
- Patent Consultants
- Software Developers
- IT Heads
- Technology Firms
- IP Valuation Officers and Professionals
- Multinational Companies
- Private and Public Companies
- Other related/interested Professionals and Organizations
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 software features on smartphones and tablets.
Justin N. McLean, Analysis Group Managing Principal, specializes in the application of finance and economics to problems in complex business …
Brian Dies is a Principal at Hoffman Alvary. Over the course of his career, Mr. Dies’ practice has focused on strategic financial analysis in a variety of management consulting and business valuations engagements as well as in business disputes. Mr. Dies has served as an expert witness on business valuation and financial damages issues in litigations and arbitrations. He also has experience providing strategic management consulting services to law firms across the country.
Prior to the founding of Hoffman Alvary in 1996, Mr. Dies was a staff consultant at Price Waterhouse LLP. Mr. Dies is a Chartered Financial Analyst and holds a Masters in Finance.
Brian Dies is a Principal at Hoffman Alvary. Over the course of his career, Mr. Dies’ practice has focused on …
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Specialized Knowledge and Applications
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About Analysis Group, Inc.
Since 1981, Analysis Group has provided expertise in economics, finance, health care analytics, and strategy to top law firms, Fortune 500 companies, global health care corporations, and government agencies. Our work is grounded in a collaborative approach that allows us to integrate the best ideas of leading academic and industry experts and our more than 600 professionals. As a result, our clients receive thoughtful, pragmatic solutions to their most challenging business and litigation problems. Through our work in thousands of cases across multiple industries we have become one of the largest economic consulting firms in North America, with 11 offices in the United States, Canada, and China.
About Hoffman Alvary & Company LLC
Hoffman Alvary & Company is a consulting firm providing independent advisory services to law firms, their clients and other institutions worldwide.
The firm’s Intellectual Property and Valuation Consulting practices assist companies and their counsel in a broad range of areas including expert witness testimony, licensing matters, valuations and general business consulting. The firm’s principals are experienced in determining and testifying to the amount of damages arising from the infringement of intellectual properties, and as well as in analyzing financial, accounting and economic issues in investigations before the International Trade Commission.
The firm’s Law Firm Consulting practice focuses on management consulting to major law firms throughout the United States, Canada, the UK and Europe, and works regularly with nearly half the AmLaw 100 and AmLaw Second Hundred firms in their strategic and tactical considerations.