CALCULATING & PROVING
PATENT DAMAGES

Conference in Detail
Monday • March 8, 2004

8:30	Introduction and Overview	Michael S. Connor, Esq. Program Co-Chair Alston & Bird LLP Charlotte, NC Timothy P. Daniel, Ph.D. Program Co-Chair NERA Economic Consulting Washington, DC
8:45	The Need for More Rigorous Economic Analysis in Proving Damages: An Interplay between Law and Economics
	• Developments in case law, including Daubert, Kumho Tire, Grain Processing and other recent cases	Michael S. Connor, Esq. Program Co-Chair
	• The basic economics of damages calculation in patent matters in light of recent cases: reasonable royalties, price erosion, and lost profits; modeling the hypothetical negotiation mandated by Georgia-Pacific; estimating a patent-owner’s market share, prices and profits but for infringement	George G. Korenko, Ph.D. NERA Economic Consulting Washington, DC
10:15	Break
10:30	Getting the Data for a Defensible Damages Study Through Discovery and 30(b)(6) Depositions
	• Frequently data provided to financial and economic experts is incomplete because the appropriate interrogatories are not made in a timely manner. These deficiencies often are compounded by poorly executed depositions of the opposing firm’s financial and marketing personnel. What does a damages expert find useful, and what is its relevance to preparing supportable IP damages calculations?	Mary A. Woodford Cornerstone Research Washington, DC
	• Strategies for defending and deposing attorneys	Clifford R. Jarrett, Esq. Kennedy Covington Lobdell & Hickman L.L.P. Charlotte, NC
12:00	Lunch (on your own)
1:15	Legal and Economic Issues in Cases Involving Non-Infringing Alternatives, Price Erosion, and Convoyed Sales Cases
	• Key legal issues	Anat Hakim, Esq. Foley & Lardner Washington, DC
	• The use of surveys to measure the market impact of non-infringing alternatives	Eugene P. Ericksen, Ph.D. Temple University Philadelphia, PA
	• Economics of price erosion and lost convoyed sales using available data	Carla S. Mulhern Managing Principal Analysis Group Washington, DC
3:00	Break
3:15	Determining “Reasonable and Nondiscriminatory” Royalties
	• An economist’s perspective on the Georgia-Pacific factors and economic proof standards from other recent cases	Chelton D. Tanger PricewaterhouseCoopers LLP Atlanta, GA
	• Legal strategies for Plaintiffs	D. Randal Ayers, Esq. Myers Bigel Sibley & Sajovec, P.A. Raleigh, NC
	• Strategies for Defendants	Patrick J. Flinn, Esq. Alston & Bird LLP Atlanta, GA
4:45	Underlying Business Issues: The Role of Litigation in Patent Portfolio Management A conversation about the impact of recent cases on patent portfolio values and management strategies; the implications for implementing a litigation strategy to protect or enhance value; patent prosecution strategies	David E. Bennett, Esq. Coats & Bennett, P.L.L.C. Cary, NC Timothy P. Daniel, Ph.D. Program Co-Chair Graham D. Rogers, ASA Senior Manager Deloitte & Touche LLP Charlotte, NC
5:30	Adjourn

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