CALCULATING & PROVING
PATENT DAMAGES
Conference in Detail
Friday • July 16, 2004
| 8:00 | Registration and Continental Breakfast |
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| 8:30 | The Need for More Rigorous Economic Analysis in Proving Damages: An Interplay between Law and Economics |
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| • Developments in case law, including Daubert, Kumho Tire, Grain Processing, Integra and other recent cases |
Robert A. Freitas, Esq. Program Co-Chair Orrick Herrington & Sutcliffe LLP Menlo Park, CA |
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| • 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 |
Kenneth Serwin, Ph.D. Senior Consultant Program Co-Chair NERA Economic Consulting San Francisco, CA |
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| 10:00 | Break |
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| 10:15 | 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? |
Gary Bender Senior Manager Ernst & Young LLP San Francisco, CA |
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Taking and defending depositions |
David Steuer, Esq. Wilson Sonsini Goodrich & Rosati Palo Alto, CA |
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Other discovery strategies, methods and tools |
Frederick Brown, Esq. Gibson Dunn & Crutcher, LLP San Francisco, CA |
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| 12:00 | Lunch (on your own) |
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| 1:15 | Document Management Tips Drafts, e-mail and notes: What needs to be kept; what needs to be discarded; what record keeping approaches work best |
Bonnie J. Goldsmith, Managing Director InteCap, Inc. Mountain View, CA |
| 2:00 | Calculating the Value of Patents: The Impact of Alternatives, Price Erosion, and Convoyed Sales |
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Key legal issues |
Andrew B. Serwin, Esq. Foley & Lardner LLP San Diego, CA |
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| • Economics of price erosion and lost convoyed sales using available data |
Matthew R. Lynde, Ph.D. Vice President Cornerstone Research San Francisco, CA |
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| 3:15 | Break |
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| 4:00 | Hot Topics: Issues in the Interface of Intellectual Property and Antitrust |
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| • Network effects, first mover advantage, and merger simulation in damages estimation |
Gregory K. Leonard, Ph.D. Vice President NERA Economic Consulting San Francisco, CA |
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| • Determining “Reasonable and Non-Discriminating” royalties for patents incorporated into standards |
Barbara Caulfield, Esq. Executive Vice President and General Counsel Affymetrix, Inc. Santa Clara, CA |
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Special issues for cases involving patent pooling |
Evangelina Almirantearena, Esq. Howrey Simon Arnold & White LLP Menlo Park, CA |
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| 5:00 | Wrap-up: Taking a Holistic Approach to Patent Damages Analysis |
Ryan M. Sullivan, Ph.D. Principal Bates White, LLC San Diego, CA |
| 5:30 | Adjourn |
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