Proving Damages in Lost Profit Litigation: Surviving the Intricacies
Lost profit damages are a common business litigation tool, and determining such damages poses a unique set of challenges. If the expert is not well-versed on the legal principles which govern lost profits or does not have a complete understanding of the concepts regarding damages computation, recovery can possibly fail.
Join a panel of key thought leaders and lawyers assembled by The Knowledge Group as they bring the audience to a road beyond the basics of bringing or defending against a lost-profits claim and as they delve into the depth-analysis of the current trends and recent court ruling. Speakers will also provide the audience with practical litigation strategies in bringing out the best in these lawsuits in a rapidly evolving legal climate.
Key topics include:
- Lost Profit Litigation – Recent Trends
- Notable Cases
- Lost Profit Damages:
- Legal Principles
- Damages Calculations
- Common Litigation Challenges
- Litigation Strategies in Proving Damages
- What Lies Ahead
- The impact of extraterritorial sales on lost profits damages.
- The role of non-infringing alternatives in a lost profits calculation.
- Can a Plaintiff receive lost profits for convoyed and related sales?
Analysis Group, Inc.
- Entire market value rule (EMVR) and the apportionment requirement are established principles in determining royalty damages in a patent infringement matter. These principles also apply when determining lost profits damages.
- The four part, non-exclusive Panduit tests widely used in determining lost profits damages, when performed appropriately, should incorporate the concept of EMVR and apportionment.
- The recent Court of Appeals opinion in Mentor Graphics further clarifies the Panduit tests and the role of apportionment in determining lost profits damages.
- Discuss the challenges faced by experts when analyzing lost profits damages and provide suggestions on how to navigate the intricacies of lost profits determination.
Who Should Attend:
- Litigation Attorneys
- In-House Counsel
- Patent Attorneys
- Patent Litigators
- Intellectual Property Attorneys
- Other related and interested professionals
Dawn Hall is a Senior Managing Director in the Dispute Advisory Services (“DAS”) practice within the Forensic & Litigation Consulting segment at FTI Consulting and is the co-leader of the Intellectual Property Practice. She is based in New York. The focus of Ms. Hall’s experience has been in assisting clients with complex financial, accounting and damages related matters. She has been qualified as a damages expert in Federal court. Her experience includes various business disputes across many industries. Ms. Hall was awarded the 2017 Women Leaders in Consulting Future Service Award by Consulting magazine.
Dawn Hall is a Senior Managing Director in the Dispute Advisory Services (“DAS”) practice within the Forensic & Litigation Consulting …
Dr. Dawson, a Vice President in the Analysis Group, Inc., has more than 16 years of experience consulting with clients and conducting economic analysis in a broad range of cases, including intellectual property, false advertising, securities, and finance matters. In these engagements, Dr. Dawson has supported counsel in all phases of the litigation process – understanding complex claims, assisting with fact and expert discovery, and providing trial support. Some examples of the issues she has provided consulting services in intellectual property disputes include assessing patent holders’ lost profits and reasonable royalty damages in patent infringement matters, evaluating opposing expert’s damages reports, and analyzing economic issues involved in preliminary and permanent injunctions.
Dr. Dawson holds a B.S. in International Business from Beihang University, an M.A. and a Ph.D. in economics from the University of Connecticut.
Dr. Dawson, a Vice President in the Analysis Group, Inc., has more than 16 years of experience consulting with clients …
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Experience in in patent law
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About FTI Consulting
FTI Consulting is an independent global business advisory firm dedicated to helping organizations manage change, mitigate risk and resolve disputes: financial, legal, operational, political & regulatory, reputational and transactional. Individually, each practice is a leader in its specific field, staffed with experts recognized for the depth of their knowledge and a track record of making an impact. Collectively, FTI Consulting offers a comprehensive suite of services designed to assist clients across the business cycle – from proactive risk management to the ability to respond rapidly to unexpected events and dynamic environments.
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.