Understanding and Calculating Lost Profits Damages: Things You Need to Know

Production Date: Wednesday, August 02, 2017 from 3:00 pm to 5:00 pm (ET)

Overview:

Assessment of lost profits damages is critical in determining one’s legal strategy in commercial litigation. It can be tricky. A litigator’s lack of basic understanding regarding lost profits’ computation can lead to potential failure in defending and proving damages.

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 LIVE 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

SEGMENT 2:
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.

SEGMENT 3:
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
Price erosion
- Economic theory and price erosion
  - Determining the per unit price erosion
  - Determining own price elasticity of demand
- Case law

Who Should Attend:

Litigation Attorneys
In-House Counsel
Patent Attorneys
Patent Litigators
Intellectual Property Attorneys
Other related and interested professionals

Thomas M. Dunlap Founding Partner Dunlap Bennett & Ludwig PLLC

Tom's practice focuses on intellectual property and in particular patent infringement where he has served as lead counsel for 18 …

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Brian Dies Principal Hoffman Alvary & Company LLC

Brian Dies is a Principal at Hoffman Alvary. Over the course of his career, Mr. Dies’ practice has focused on …

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Jeffery A. Stec Vice President Charles River Associates

As a Vice President of Charles River Associates, Dr. Stec has worked with clients in the areas of antitrust, finance, …

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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 Dunlap Bennett & Ludwig PLLC

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/

About Hoffman Alvary & Company LLC

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/

About Charles River Associates

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/