Understanding and Calculating Lost Profits Damages: Things You Need to Know
Live Webcast Date:
Wednesday, August 02, 2017 from 3:00 pm to 5:00 pm (ET)
Online CLE Lost Profits
Litigators should be well-versed with lost profits calculations so they can efficiently cross examine an expert. Understanding lost profits calculations will also enable them to identify the information they would need from opposing parties and to make their own calculations for early case risk/return assessment.
In this webcast, a panel of distinguished professionals and thought leaders assembled by The Knowledge Group will help litigators understand the important aspects of this significant topic. They will provide an in-depth discussion of Lost Profits Damages calculation. Speakers will also offer best practices in presenting lost profits damages at trial.
Key topics include:
- Lost Profits Damages - An Overview
- Lost Profits Damages Calculation
- Market Shares Adjustment
- Determining Non-Infringing Alternatives
- Price Erosion
- Notable Cases and Regulatory Updates
- Practical Tips in Calculating Lost Profits Damages
Agenda
SEGMENT 1:Thomas M. Dunlap, Founding Partner
Dunlap Bennett & Ludwig PLLC
- Brief overview of patent damages generally
- One slide on reasonable royalty
- Overview of Lost Profits and Current State of the Law:
- Lost sales
- Price erosion
- Future lost profits
- Damage to goodwill and reputation
- Current Cases
- Practical Advice
Brian Dies, Principal
Hoffman Alvary & Company LLC
Lost Profits: Using Adjusted Market Shares to Determine the Lost Sales of the Patent Owner
- In a multi-player market, it may be possible to calculate the patent owner’s lost sales using the relative market shares of the patent owner and the alleged infringer.
- Established case law addresses common complications to this market share analysis. This includes methods to analyze and incorporate competing non-patented products, multiple alleged infringers, and acceptable non-infringing alternatives.
- The adjusted market share approach is best applied when:
- The likely alternate purchasing decisions of each of the infringer’s customers are unknown; and
- Absent the infringement, the infringer’s customers would be freely available to the competition.
Jeffery A. Stec, Vice President
Charles River Associates
- Panduit factor 2: the availability of acceptable, non-infringing alternatives
- What is an acceptable, non-infringing alternative
- Previous case law – Grain Processing v. American Maize
- Determining an acceptable, non-infringing alternative
- Using economics
- Using survey research
- Subsequent case law
- What is an acceptable, non-infringing alternative
- Price erosion
- Economic theory and price erosion
- Determining the per unit price erosion
- Determining own price elasticity of demand
- Case law
- Economic theory and price erosion
Who Should Attend
- Litigation Attorneys
- In-House Counsel
- Patent Attorneys
- Patent Litigators
- Intellectual Property Attorneys
- Other related and interested professionals
Online CLE Lost Profits
SEGMENT 1:Thomas M. Dunlap, Founding Partner
Dunlap Bennett & Ludwig PLLC
- Brief overview of patent damages generally
- One slide on reasonable royalty
- Overview of Lost Profits and Current State of the Law:
- Lost sales
- Price erosion
- Future lost profits
- Damage to goodwill and reputation
- Current Cases
- Practical Advice
Brian Dies, Principal
Hoffman Alvary & Company LLC
Lost Profits: Using Adjusted Market Shares to Determine the Lost Sales of the Patent Owner
- In a multi-player market, it may be possible to calculate the patent owner’s lost sales using the relative market shares of the patent owner and the alleged infringer.
- Established case law addresses common complications to this market share analysis. This includes methods to analyze and incorporate competing non-patented products, multiple alleged infringers, and acceptable non-infringing alternatives.
- The adjusted market share approach is best applied when:
- The likely alternate purchasing decisions of each of the infringer’s customers are unknown; and
- Absent the infringement, the infringer’s customers would be freely available to the competition.
Jeffery A. Stec, Vice President
Charles River Associates
- Panduit factor 2: the availability of acceptable, non-infringing alternatives
- What is an acceptable, non-infringing alternative
- Previous case law – Grain Processing v. American Maize
- Determining an acceptable, non-infringing alternative
- Using economics
- Using survey research
- Subsequent case law
- What is an acceptable, non-infringing alternative
- Price erosion
- Economic theory and price erosion
- Determining the per unit price erosion
- Determining own price elasticity of demand
- Case law
- Economic theory and price erosion
Online CLE Lost Profits
Thomas M. DunlapFounding PartnerDunlap Bennett & Ludwig PLLC
Tom's practice focuses on intellectual property and in particular patent infringement where he has served as lead counsel for 18 years from his firm offices in Washington DC, New York and Delaware. Recent cases include a number of precendiatal and leading Federal Circuit decisions and the amicus brief for practicing entities in the TC Heartland case. Tom has taught numerous CLE's on patent damages, including a recent CLE on reasonable royalties and he is the author of the intellectual property chapter of the Virginia lawyers Desk Book. Tom is a former prosecutor, US Army officer and patent holder and founder of the biotechnology company Ceres Nanosciences.
Brian DiesPrincipalHoffman Alvary & Company LLC
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.
Mr. Dies is a Chartered Financial Analyst, an Accredited Senior Appraiser in Business Valuation and holds a Masters in Finance. Prior to starting Hoffman Alvary in 1996, Mr. Dies was a staff consultant at Price Waterhouse LLP.
Jeffery A. StecVice PresidentCharles River Associates
As a Vice President of Charles River Associates, Dr. Stec has worked with clients in the areas of antitrust, finance, intellectual property, and survey research as both a consulting expert and as an expert witness. In the area of patents, Dr. Stec has conducted economic and econometric analyses to determine the value of intellectual property as well as the amount of economic damages resulting from patent infringement claims. He has testified in Federal and State courts as well as at arbitrations and hearings on damages-related issues. He has also evaluated economic issues and testified in the context of Section 337 investigations at the U.S. International Trade Commission. Dr. Stec has a Ph.D and M.A. in economics from the Ohio State University. He also has B.A. degrees in Economics from the University of Illinois – Chicago and in Psychology and Philosophy from Cornell University.
Online CLE Lost Profits
Course Level:
Intermediate
Advance Preparation:
Print and review course materials
Method Of Presentation:
On-demand Webcast
Prerequisite:
Experience in patent law
Course Code:
146462
NASBA Field of Study:
Accounting - Technical
NY Category of CLE Credit:
Skills
Total Credits:
2.0 CLE
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About the Knowledge Group
The Knowledge Group has been a leading global provider of Continuing Education (CLE, CPE) for over 13 Years. We produce over 450 LIVE webcasts annually and have a catalog of over 4,000 on-demand courses.
Speaker Firms
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Faculty
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Thomas M. Dunlap
Founding Partner
Dunlap Bennett & Ludwig PLLC
Founding Partner
Dunlap Bennett & Ludwig PLLC
Brian Dies
Principal
Hoffman Alvary & Company LLC
Principal
Hoffman Alvary & Company LLC
Jeffery A. Stec
Vice President
Charles River Associates
Vice President
Charles River Associates
About the Knowledge Group
The Knowledge Group has been a leading global provider of Continuing Education (CLE, CPE) for over 13 Years. We produce over 450 LIVE webcasts annually and have a catalog of over 4,000 on-demand courses.
Dunlap Bennett & Ludwig is a veteran owned law firm of more than 40 lawyers nationwide handling business and intellectual property prosecution, transactions and disputes, real estate, and government contracts. Our attorneys come from diverse backgrounds and combine decades of experience with extensive state, Federal and appellate level trial experience, PTAB Post Grant Review, Trademark Trial and Appeal Board and Federal Circuit experience. DBL has been named the Global PCT Law Firm of the Year (2014-2017), has numerous AV Rated and SuperLawyer rated attorneys and was named as one of the Top Patent Firms in the United States by IPWatchdog (2016).
Website: http://www.dbllawyers.com/
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.
Website: http://www.hoffmanalvary.com/
Founded in 1965, Charles River Associates is a leading consulting firm that provides economic, financial, and strategic analysis of IP issues. Headquartered in Boston, the firm has offices internationally. CRA uses a combination of industry experience and rigorous, fact-based analysis in order to provide clients with clear, implementable solutions to complex business problems. Whether you are making a critical IP strategy decision or assessing risk in high-stakes IP litigation, CRA’s intellectual property experts offer deep industry specialization, broad cross-functional expertise, and a proven analytical approach.
Website: http://www.crai.com/
Tom's practice focuses on intellectual property and in particular patent infringement where he has served as lead counsel for 18 years from his firm offices in Washington DC, New York and Delaware. Recent cases include a number of precendiatal and leading Federal Circuit decisions and the amicus brief for practicing entities in the TC Heartland case. Tom has taught numerous CLE's on patent damages, including a recent CLE on reasonable royalties and he is the author of the intellectual property chapter of the Virginia lawyers Desk Book. Tom is a former prosecutor, US Army officer and patent holder and founder of the biotechnology company Ceres Nanosciences.
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.
Mr. Dies is a Chartered Financial Analyst, an Accredited Senior Appraiser in Business Valuation and holds a Masters in Finance. Prior to starting Hoffman Alvary in 1996, Mr. Dies was a staff consultant at Price Waterhouse LLP.
As a Vice President of Charles River Associates, Dr. Stec has worked with clients in the areas of antitrust, finance, intellectual property, and survey research as both a consulting expert and as an expert witness. In the area of patents, Dr. Stec has conducted economic and econometric analyses to determine the value of intellectual property as well as the amount of economic damages resulting from patent infringement claims. He has testified in Federal and State courts as well as at arbitrations and hearings on damages-related issues. He has also evaluated economic issues and testified in the context of Section 337 investigations at the U.S. International Trade Commission. Dr. Stec has a Ph.D and M.A. in economics from the Ohio State University. He also has B.A. degrees in Economics from the University of Illinois – Chicago and in Psychology and Philosophy from Cornell University.
