Determining Royalty Damages in Patent Infringement: Practical Tips and Best Practices
Royalty damages in patent infringement litigation can be determined in several ways. For instance, a plaintiff can claim reasonable royalty from the defendant’s sale of the infringing innovation by multiplying the royalty rate and the royalty base. However, in cases where the patent only applies to a part of the product, a different approach should be applied.
Because of this, the determination of royalty damages can be very complicated, requiring counsel to become well-versed with the changing standards and emerging developments in order to implement effective litigation strategies.
Join a panel of key thought leaders and professionals assembled by The Knowledge Group as they bring the audience to a road beyond the basics of determining royalty damages in patent infringement and as they delve into the depth-analysis of the current trends and recent court rulings. Speakers will also provide the audience with practical strategies in bringing out the best in these lawsuits in a rapidly evolving legal climate.
Key topics include:
- Calculation of Royalty Damages: An Overview of the Methods
- Recent Trends and Developments
- Notable Court Rulings
- Significant Issues
- Practical Tips and Best Practices
Krishnan Ramadas, Associate Director
Berkeley Research Group LLC
- Calculating Royalty Damages:
- Georgia-Pacific Analysis;
- Analytical Approach; and
- Cost Savings Approach.
- Issues that the courts have come down on recently, including comparable license agreements and apportionment (or lack thereof).
Jeffery Stec, Managing Director
Berkeley Research Group LLC
- What is apportionment and how it applies in patent infringement cases
- Entire market value Rule
- Smallest saleable patent practicing unit
- Recent case law regarding apportionment
- Economist’s tools and techniques for addressing apportionment
Michael Chapman, Senior Managing Director
Ankura Consulting Group, LLC
Use of Comparable Licenses in Reasonable Royalty Determinations
- Objective in using comparable licenses to determine reasonable royalty damages
- Meaning of “Comparability” in assessing reasonable royalty damages
- Evaluating comparability of existing patent licenses
- Accounting for differences between “comparable licenses” and the hypothetical license used in evaluating reasonable royalty damages (i.e., adjustment and apportionment of comparable license terms)
- Determining whether settlement licenses are appropriate to be used as comparable licenses.
Who Should Attend:
- Intellectual Property Lawyers
- Patent Licensing Attorneys
- Patent Attorneys and Consultants
- Patent Litigators
- In-house Counsel
- Damages Experts
- Patent Owners
- Technology Law Attorneys
- Other Related/Interested Professionals
Krishnan Ramadas is a Certified Management Accountant (CMA) with over 13 years of experience in the areas of financial/economic analyses and damages assessment in complex business disputes. He has significant expertise in evaluating lost profits, reasonable royalties, unjust enrichment, and price erosion, among other forms of damages, in a litigation setting. Mr. Ramadas has also assisted clients with pre-litigation licensing strategy and with the monetary aspect of settlement discussions. His primary focus areas include intellectual property matters (such as patent, copyright, and trademark infringement as well as misappropriation of trade secrets lawsuits) and commercial damages matters (such as breach of contract cases).
Mr. Ramadas has experience working in a diverse range of industries, with a strong focus on consumer electronics products such as smartphones, televisions, and computers. He has extensive knowledge of apportionment issues involved in calculating damages on multi-feature products. He is familiar with the dynamics created when evaluating damages in the context of fair, reasonable, and nondiscriminatory (FRAND) licensing, patent pools, and standard-setting organizations. He also has significant experience working on cases involving different types of pharmaceutical products and medical devices. His additional industry experience includes aerospace, automotive, biometrics, semiconductors, software, and telecommunications.
Krishnan Ramadas is a Certified Management Accountant (CMA) with over 13 years of experience in the areas of financial/economic analyses …
Dr. Jeffery Stec is a Managing Director, a leader of Berkeley Research Group’s Intellectual Property practice, and a co-leader of its Economics & Damages community. Dr. Stec has worked extensively over the last 18 years in the areas of antitrust, finance, intellectual property, and survey research, both as a consulting expert and as an expert witness. In the area of economic damages, Dr. Stec has quantified damages using sophisticated economic and econometric methods to determine lost profits, reasonable royalties, brand diminution, and various other types of damages as well as economic and econometric analyses to determine the value of patents, trademarks, copyrights, and trade secrets. Dr. Stec has also examined how products are used, whether alternatives would be accepted in the marketplace, and how consumers value and demand product features. He has also consulted with clients to help them determine licensing terms and strategies for licensing their IP. He has testified in district courts, state courts, and at the Copyright Royalty Board, PTAB, and the ITC. Dr. Stec has Ph.D. and MA degrees in Economics from the Ohio State University. He has BA degrees in Economics with a Math minor from the University of Illinois – Chicago and in Psychology and Philosophy from Cornell University.
Dr. Jeffery Stec is a Managing Director, a leader of Berkeley Research Group’s Intellectual Property practice, and a co-leader of …
Dr. Michael Chapman is a Senior Managing Director at Ankura based in Washington, DC. Michael has more than 20 years of experience providing economic, financial, and strategic consulting services to commercial firms, law firms, and governments. He has served as an economic expert to and conducted economic analyses in a wide range of industries, including pharmaceuticals, medical equipment, semiconductors, financial services, insurance, manufacturing, steel, agricultural products, and consumer goods.
Dr. Chapman has authored a number of articles and book chapters on intellectual property damages issues, including ““Using Settlement Licenses in Reasonable Royalty Determinations” (2009) and “The Hypothetical Negotiation and Reasonable Royalty Damages: The Tail Wagging the Dog” (2013). He has also has taught economics courses at several leading business schools, including the MIT’s Sloan School of Management, the University of Michigan Stephen M. Ross Business School, Georgetown University Robert Emmett McDonough School of Business, and the University of Maryland Robert H. Smith School of Business. Dr. Chapman hold a Ph.D. in Economics from the Massachusetts Institute of Technology and a J.D. from the University of Michigan.
Dr. Michael Chapman is a Senior Managing Director at Ankura based in Washington, DC. Michael has more than 20 years …
Print and review course materials
Method Of Presentation:
On-demand Webcast; Group-Internet Based
General knowledge of patent infringement litigation
NASBA Field of Study:
Business Law – Technical
NY Category of CLE Credit:
Areas of Professional Practice
1.5 CLE; 1.5 NASBA-CPE
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About Berkeley Research Group LLC
Berkeley Research Group, LLC (BRG) is a global consulting firm that helps leading organizations advance in three key areas: disputes and investigations, corporate finance, and strategy and operations. Headquartered in California with offices around the world, we are an integrated group of experts, industry leaders, academics, data scientists, and professionals working beyond borders and disciplines. We harness our collective expertise to deliver the inspired insights and practical strategies our clients need to stay ahead of what’s next. Visit thinkbrg.com to learn more.
About Ankura Consulting Group, LLC
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.