An Advanced One-Day Workshop on
CALCULATING & PROVING
PATENT DAMAGES
Beyond the usual courses of action for pursuit and defense
September 20, 2004
Denver, Colorado
Denver Marriott City Center
| A B O U T T H E C O N F E R E N C E “Economic analysis is becoming increasingly important in the development of defensible damages for patent infringement. Cases have turned on the economic impact of the availability of alternatives, the economic impact of the timing of a reasonable royalty negotiation, the definition of the markets in which a technology competes and other economic factors. At the same time, intellectual property and patent protection has had an increasing role in antitrust policy. Antitrust considerations have had a large impact on the operation of standard setting bodies, on firms’ licensing practices and on merger approval. This workshop will give lawyers an overview of the techniques used by experts to determine whether damages include lost profits and, if so, how to determine the size of the market in which the infringer competes, the number of competitors in that market, sales lost by the patent holder to the infringer, and the amount of price erosion as a result of the infringer’s activities. The calculation of a reasonable royalty will also be described using the tools of game theory, finance and accounting. The workshop will also describe the data that is useful in undertaking a damages analysis and how to present damages findings to a jury. Finally, the workshop will also update participants on some important public policy issues in the intersection of antitrust and intellectual property.” |