Reasonable Royalty in Patent Damages: What You Need to Know in 2016
Over the years, Federal Circuit decisions have made radical changes on how reasonable royalties in patent infringement cases are determined. For example in Uniloc v. Microsoft (2011), the use of the 25 percent rule was abolished. In Laserdynamics, Inc. v. Quanta Computer, Inc. (2012) decision, the consideration of smallest salable patent-practicing unit (SSPPU) was codified into law. Another significant decision was made in ResQNet.com, Inc. v. Lansa, Inc. (2010) which suggested that settlement agreements may be admissible. In 2015, Federal Circuit rulings have refined these key decisions and provided guidance and clarification in interpreting these decisions. In this light, practitioners are advised to keep abreast with the recent changes and be mindful of the guiding principles provided by the Federal Circuit to effectively cope up with the ever-changing landscape of reasonable royalty damages.
This course offers an overview of the latest legal standards on reasonable royalty damages in U.S. patent litigation. The panel of thought leaders and practitioners assembled by The Knowledge Group will explore the potential pitfalls and best practices related to reasonable royalty damages including:
- Comparable Licenses and Settlements
- Claim Scope in Reasonable Royalty Damages Analyses
- Smallest Saleable Patent-Practicing Unit (SSPPU)
- The Georgia-Pacific Standard
- Recent Developments and Application to Multi-patented Products
- 2016 Legal Standards
Philip Green, Principal
Stephen A. Holzen, CLP, CVA, Director, Dispute Advisory & Forensic Services
Stout Risius Ross, Inc.
Danielle Phillip, Intellectual Property Attorney
Brinks Gilson & Lione
- Steve – Update on latest case law and issues in determining reasonable royalties. This will mostly focus on licenses (GP Factors 1 and 2) and profits and apportionment (GP Factors 8 – 11 and 13)
- Phil – Discussion of the intersection between Georgia-Pacific and valuation. The topics to be covered will be basic valuation and reasonable royalty concepts and recent case law.
- Danielle - Remedies beyond royalties in light of Halo and standards for enhanced damages.
Who Should Attend:
- Intellectual Property Lawyers
- Patent Licensing Attorneys
- Patent Attorneys
- IP Counsel
- Patent Litigators
- In-house Counsel
- Damages Experts
- Other Related/Interested Professionals
Phil Green is one of the four founding Principals of Hoffman Alvary. For over twenty years, his practice has focused on intellectual property, valuation and business consulting areas. Throughout his career he has valued technical and other types of intangibles in broad range of industries including: computer software and hardware, pharmaceutical, banking, insurance, automotive and other manufacturers as well as service organizations. His clients have ranged from Fortune 100 companies, to educational institutions and individual inventors and start-up entities. He has testified in trials in state and federal courts on over 40 occasions throughout the country.
Prior to starting Hoffman Alvary in 1996, Mr. Green was a senior manager at Price Waterhouse LLP. Mr. Green is a licensed Certified Public Accountant and an Accredited Senior Appraiser in Business Valuation by the American Society of Appriasers.
Phil Green is one of the four founding Principals of Hoffman Alvary. For over twenty years, his practice has focused …
Stephen A. Holzen is a Director in the Dispute Advisory & Forensic Services Group. His practice concentrates on the financial aspects of intellectual property including the valuation of intellectual property, the determination of economic damages in intellectual property litigation, and managing the sale and licensing of intellectual property assets.
Mr. Holzen analyzes damages claims related to copyright infringement, trademark infringement and patent infringement litigations. He has been retained to provide expert testimony about infringement damages in federal court proceedings. Mr. Holzen analyzes and values intellectual property portfolios to support IP and technology licensing and transactions teams. Mr. Holzen has managed intellectual property acquisitions and commercialization campaigns. He concluded numerous patent-based transactions encompassing patent sales. This work includes evaluating the strength of a patent portfolio, determining the commercial value of patented technologies, and negotiating the terms of the deal to successful conclusion.
Stephen A. Holzen is a Director in the Dispute Advisory & Forensic Services Group. His practice concentrates on the financial …
With more than 14 years of experience, Danielle Phillip is a seasoned litigator whose practice focuses in patent, trademark, and copyright litigation in the federal district and appellate courts. She regularly advises clients concerning the protection and enforcement of their intellectual property rights; manages litigations at all stages; participates at trial; and provides analysis and counsel on litigation strategy, damages and settlement. Over her career, Danielle has litigated disputes in a wide range of industries, including Internet and e-commerce, electronic and medical devices among others. With her scientific background, Danielle has the ability to grasp complex technology and—most importantly for a litigator—describe it in clear terms to judges and juries.
Cool under pressure, Danielle is a trusted ally for her clients, for whom litigation represents one of the most stressful events in their business lives. She understands that the best litigation result is the one that meets a client’s business goals. That might be a trial victory, but it could also be a well-negotiated licensing deal or favorable settlement. Above all, Danielle understands the economic realities her clients face and works to secure cost-effective solutions. Always thinking forward, Danielle assembles client teams that include individuals with different backgrounds and experience. She believes this gives her clients the most comprehensive representation as they benefit from a variety of perspectives and approaches. True client service, for Danielle, requires looking at an issue from all sides to arrive at the best solution.
A lifetime member of the Black Women Lawyers’ Association, Danielle is co-chair of Brinks’ Diversity Committee and a member of the Advisory Board for The Institute for Inclusion in the Legal Profession.
With more than 14 years of experience, Danielle Phillip is a seasoned litigator whose practice focuses in patent, trademark, and …
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About Hoffman Alvary
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.
About Stout Risius Ross, Inc.
SRR is a premier global financial advisory firm that specializes in Investment Banking, Valuation & Financial Opinions, and Dispute Advisory & Forensic Services. We serve a range of clients from Fortune 500 Corporations to privately held companies in numerous industries around the world. Our clients and their advisors rely on our premier expertise, deep industry knowledge, and unparalleled responsiveness on complex financial matters.
About Brinks Gilson & Lione
The attorneys, scientific advisors and patent agents at Brinks Gilson & Lione focus their practice in the field of intellectual property. Brinks is one of the largest intellectual property law firms in the U.S. Clients around the world use Brinks to help them protect and enforce their intellectual property rights. Brinks lawyers provide counseling in all aspects of patent, trademark, unfair competition, trade secret and copyright law.