CALCULATING & PROVING
PATENT DAMAGES
Conference in Detail
Monday • September 20, 2004
| 8:00 | Registration and Continental Breakfast |
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| 8:30 | The Law and the Economics: Why You Need to do Rigorous Economic Analysis in Order to Develop a Case |
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| • Key developments in case law following Daubert, Kumho Tire, Grain Processing and other leading cases on expert testimony |
James E. Hartley, Esq. Program Co-Chair Holland & Hart LLP Denver, CO |
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| • Overview of the basic economics of damages calculation in patent matters; the role of market analysis in determining lost profits and reasonable royalties; the impact of recent Federal Circuit and other patent decisions on the role of economic and financial analysis |
Alan J. Cox, Ph.D. Program Co-Chair Senior Vice President NERA Economic Consulting San Francisco, CA |
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| 10:15 | Break |
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| 10:30 | Getting the Data for a Defensible Damages Study Through Discovery and 30(b)(6) Depositions |
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| • What does a damages expert find useful, and what is its relevance to preparing supportable IP damages calculations? Making sure lawyers understand the economic data that is important |
Kathleen M. Kedrowski Partner Ernst & Young Chicago, IL |
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| • Taking and defending depositions; strategies, tools, methods; managing documents and discovery |
Christopher P. Beall, Esq. Faegre & Benson LLP Denver, CO |
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| 11:30 | Royalty-based Damages |
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| • Overview of the Legal Standards; strategies for defending/deposing attorneys |
Lee F. Johnston, Esq. Holland & Hart LLP Denver, CO |
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| • Establishing reasonable royalty benchmarks: The determination of the hypothetical bargaining range and evaluation of the Georgia Pacific factors |
Ken Serwin, Ph.D. Senior Consultant NERA Economic Consulting San Francisco, CA |
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| 12:30 | Lunch (on your own) |
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| 1:45 | Lost Profit Damages: Calculating the Value of Patents; The Impact of Alternatives, Price Erosion, and Convoyed Sales |
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| •
Key legal issues |
Tucker K. Trautman, Esq. Dorsey & Whitney LLP Denver, CO |
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| • Economics of price erosion and lost convoyed sales using available data |
Lance Gunderson, AVA Director FTI Consulting Houston, TX |
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| 2:45 | Planning Your Approach for Presenting Damages Analysis to the Trier of Fact Tips on presenting damage studies to a jury including samples of communication tools (graphics, animation, etc.) |
James E. Hartley, Esq. Moderator, and Members of the Faculty |
| 3:30 | Break |
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| 3:45 | Hot Topics: Issues in the Interface of Intellectual Property and Antitrust |
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| • FTC hearings on Intellectual Property and antitrust; other recent developments in the law |
Christopher B. Hockett, Esq. Bingham McCutchen LLP San Francisco, CA |
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| • Network effects, first mover advantage, and merger simulation in damages estimation |
Gregory D. Adams, Ph.D. Vice President Charles River Associates Salt Lake City, UT |
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| • Antitrust issues in standard setting: determining “reasonable and non-discriminating” royalties for patents incorporated into standards |
Dorothy Gill Raymond, Esq. Senior Vice President and General Counsel CableLabs Louisville, CO |
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| 5:30 | Adjourn |
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