How to Effectively Use Expert Witness Testimony to Prove Damages in IP Litigation
Due to the various developments surrounding IP law, the determination of damages in a IP litigation dispute has become more complicated.
The testimony of an expert witness has become one of the most crucial ingredients in the determination of trial success. Damages expert testimony not only allows the trier of fact to make a decision on damages, but their work throughout the case also provides valuable economic information that is relevant to the litigant decision makers who manage the case.
In this LIVE Webcast, the Knowledge Group brought together a team of distinguished thought leaders and professionals to help the audience understand the framework of expert witness testimony in an IP litigation dispute. They will discuss in depth the importance of expert witness testimony, how to choose supported methodology(s) across a range of IP claims, as well as the key inputs needed to support an expert opinion. Speakers will also provide practical tips and strategies on how to effectively use expert witness testimony in overcoming specific damages issues recognized by the Courts in recent decisions.
Key topics include:
- Expert Witness Testimony: Recent Trends
- Common Risks and Pitfalls
- Best Strategies and Practical Tips to Consider
- Using experts in support of fact discovery
- Coordination between technical and damages experts
- Significant Court Decisions
- Legal and Reputational Challenges for the Expert
- What Lies Ahead
Christopher Spadea, Senior Managing Director
- Prelitigation/Early Litigation issues
Rob Hutchins, Managing Director
- Fact discovery and expert report
Kim Schenk, Principal
Charles River Associates
- Deposition Phase and Daubert Phase
Jeffrey H. Kinrich, Managing Principal
Analysis Group, Inc.
Who Should Attend:
- IP Litigation Attorneys and Related
- Patent Lawyers
- Trial Attorneys
- Legal Counsel
- Other interested/related professionals and organizations
Chris Spadea is a Senior Managing Director in Ankura’s Intellectual Property Group, based in New York.
Chris has over 20 years of experience determining damages related to the impact of business events in the contexts of intellectual property, breach of contract, fraud, bankruptcy, and securities manipulation across a wide range of industries. In that regard, Chris has provided expert witness services on hundreds of matters in his 20+ years as an economic professional. In addition, Chris has significant “real world” experience as a former portfolio manager of the largest privately owned patent holder in the world. In that regard, Chris managed portfolios with $100s millions in invested capital, created monetization programs across a wide range of industries, simultaneously lead new investments in patents and worked to sell portfolios with $100s millions in transaction value. This real-world experience with a large patent owner coupled with decades of expert consulting experience allows Chris to bring real world economics and experience into his damages work and bring realistic valuation techniques backed by case law into his transaction and strategy assignments.
Chris Spadea is a Senior Managing Director in Ankura’s Intellectual Property Group, based in New York. Chris has over 20 …
Mr. Hutchins has been consulting with private and government clients and counsel on financial, accounting and economic issues for over 25-years. He has extensive experience analyzing economic damages and leading forensic accounting investigations and has testified extensively at deposition and trial. His damages related experience includes providing economic consulting and expert witness services to clients involved in both general commercial litigation matters and intellectual property disputes. In connection with this work, he has performed numerous lost profits studies, damage calculations and asset valuations and has prepared a significant number of expert reports. Mr. Hutchins has been recognized in “Who’s Who Legal” as a “brilliant expert who impresses with his top notch work” and as someone “praised for his ability to keep teams focused on what really matters and makes a difference.”
Mr. Hutchins has been consulting with private and government clients and counsel on financial, accounting and economic issues for over …
Kimberly Schenk, CPA, CFF has more than 16 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 16 years of experience in evaluating damages in intellectual property matters. She has …
Mr. Kinrich consults on cases involving financial and economic analysis, accounting, business valuation, statistics, and mathematical modeling. He has often testified on damages, valuation, and accounting issues in federal and state courts and other dispute resolution forums. Over his 35-year career, Mr. Kinrich has directed numerous large-scale analyses involving a broad range of litigation areas. A certified public accountant, he specializes in damage quantification and valuation in the areas of intellectual property and commercial litigation. He has calculated damages in patent, trademark, copyright, trade secret, and right of privacy matters under both lost profits and reasonable royalty approaches. He has also analyzed profits and apportionment for actual damages and unjust enrichment claims in a variety of intellectual property matters. Mr. Kinrich has authored a number of publications on damages-related topics, and recently co-edited the book entitled Lost Profits Damages: Principles, Methods, and Applications.
Mr. Kinrich consults on cases involving financial and economic analysis, accounting, business valuation, statistics, and mathematical modeling. He has often …
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Method of Presentation:
Basic Knowledge in IP Litigation
NY Category of CLE Credit:
Areas of Professional Practice
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Ankura is a business advisory and expert services firm defined by HOW we solve challenges. Whether a client is facing an immediate business challenge, trying to increase the value of their company or protect against future risks, Ankura designs, develops, and executes tailored solutions by assembling the right combination of expertise. We build on this experience with every case, client, and situation, collaborating to create innovative, customized solutions, and strategies designed for today’s ever-changing business environment. This gives our clients unparalleled insight and experience across a wide range of economic, governance, and regulatory challenges. At Ankura, we know that collaboration drives results
About Secretariat International
Secretariat International is your source for independent expert services. Secretariat specializes in international arbitration, general commercial arbitration/litigation, forensic accounting, economic damages, construction disputes and government contracting. Secretariat’s experts are known for maintaining integrity, quality and objectivity when solving complex disputes, delivering detailed analyses, and articulating meaningful results in a clear and concise manner.
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 Analysis Group, Inc.
Analysis Group is one of the largest economics consulting firms, with more than 850 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.