Who Should Order Homestudy

Attorneys and business executives involved with patent transactions and patent litigation

Why Order

Economic analysis is becoming increasingly important in the development of defensible calculations of damages due to 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.

What You Will Learn

- The Law and the Economics: Why You Need to do Rigorous Economic Analysis in Order to Develop aCase - Getting the Data for a Defensible Damages Study Through Discovery and 30(b)(6) Depositions - Royalty-based Damages - Lost Profit Damages: Calculating the Value of Patents; The Impact of Alternatives, Price Erosion, and Convoyed Sales - Planning Your Approach for Presenting Damages Analysis to the Trier of Fact - Hot Topics: Issues in the Interface of Intellectual Property and Antitrust

Agenda
Credits
Cost
Faculty Bios
Firm Links
Order

Agenda

8:00 am	Registration and Continental Breakfast
Monday, September 20, 2004
8:30 am	The Law and the Economics: Why You Need to do Rigorous Economic Analysis in Order to Develop a Case
	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
	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 patent decisions on the role of economic and financial analysis
	Alan J. Cox, Ph.D, Program Co-chair NERA Economic Consulting / San Francisco, CA
10:15 am	Break
10:30 am	Getting the Data for a Defensible Damages Study Through Discovery and 30(b)(6) Depositions
	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
	Barry S. Sussman Ernst & Young LLP / Boston, MA
	Taking and defending depositions; strategies, tools, methods; managing documents and discovery
	Christopher P. Beall, Esq. Faegre & Benson LLP / Denver, CO
11:30 am	Royalty-based Damages
	Overview of the Legal Standards; strategies for defending/deposing lawyers
	Lee F. Johnston, Esq. Holland & Hart LLP / Denver, CO
	Establishing reasonable royalty benchmarks; The determination of the hypothetical bargaining range and evaluation of the Georgia Pacific factors
	Kenneth Serwin, Ph.D., Senior Consultant NERA Economic Consulting / San Francisco, CA
12:30 pm	Lunch (on your own)
1:45 pm	Lost Profit Damages: Calculating the Value of Patents; the Impact of Alternatives, Price Erosion, and Convoyed Sales
	Key Legal Issues
	Tucker K. Trautman, Esq. Dorsey & Whitney LLP / Denver, CO
	Economics of price erosion and lost convoyed sales using available data
	Lance E. Gunderson, Vice President FTI Consulting / Houston, TX
2:45 pm	Planning Your Approach for Presenting Damages Analysis to the Trier of Fact
	Tips on presenting damage studies to a jury including samples of communications tools (graphics, animation, etc.)
	James E Hartley, Esq., Moderator Holland & Hart LLP / Denver, CO
3:30 pm	Break
3:45 pm	Hot Topics: Issues in the Interface of Intellectual Property and Antitrust
	FTC hearings on Intellectual Property and anti-trust; other recent developments in the law
	Christopher B Hockett, Esq. Bingham McCutchen / San Francisco, CA
	Network Effects, first mover advantage, and merger simulation in damages estimation.
	Gregory D. Adams, Ph.D., VP & Director Charles River Associates, Inc. / Salt Lake City, UT
	Antitrust issues in standard setting: determining "reasonable and non-discriminating" royalties for patents incorporated into standards
	Dorothy Gill Raymond, Esq., Senior Vice President & General Counsel CableLabs / Louisville, CO
5:30 pm	Adjourn

Cancellation

There is a $25 cancellation fee for Course Materials orders and $50 for Homestudy orders

Continuing Education Credits

Law Seminars International automatically obtains CLE credit approval for the state in which a seminar is held. On request, we will apply for CLE credits in other states and other types of credits. Current credits status: CO CLE 9 | AZ CLE 7.25 | CA MCLE 7.25 |NY CLE 8.6 (no ethics, non-transitioinal) | WA CLE 7.25 (#123927)

Cost

Our complete Homestudy Course, consisting of a VHS or DVD recording and the written course materials, is available for $605. The course materials alone are available for $100. We will ship your homestudy order via UPS ground within two weeks after the seminar or the date we receive payment (which ever is later).
Order Homestudy

Agenda
Credits
Cost
Faculty Bios
Firm Links
Order

Faculty Bios

Alan J. Cox, Ph.D., Program Co-chair, is a Vice President in the San Francisco office of National Economic Research Associates (NERA). His consulting practice and research have examined the consequences of regulatory policy on both the telecommunications and energy industries.

James E. Hartley, Program Co-Chair, is a partner at Holland & Hart LLP. His primary areas of practice are antitrust litigation and counseling, and patent infringement litigation. He has extensive trial experience in cases dealing with trade secret claims, tax and copyright infringement and unfair competition.

Gregory D. Adams is a VP and director of Charles River Associates, Inc.'s Salt Lake City office. He has provided expert analysis and testimony in cases dealing with antitrust and intellectual property issues, and the economic analysis of public policy. He is also an Adjunct Assistant Professor in the Department of Economics at the University of Utah, where he teaches Law and Economics, and the Director of the Law and Economics Society of Utah.

Christopher P. Beall is an attorney, in the Denver office of Faegre & Benson LLP, where the firm regularly handles among the most complex and challenging transactions and litigation work facing multi-national businesses. He specializes in the practice areas of Intellectual Property Litigation and Media and Communications.

Lance E. Gunderson of FTI Consulting is a Managing Director in FTI’s Forensic Litigation practice. He specializes in damages and other quantitative analyses in a wide variety of industries. Mr. Gunderson has assisted companies and law firms in the identification of relevant financial information and developed damage alternatives and related case strategies.

Christopher B. Hockett is a partner at Bingham McCutchen LLP in San Francisco, and currently co-chairs the firm’s Intellectual Property Litigation and Patent Prosecution practice. Mr. Hockett was ranked as one of “America’s Leading Business Lawyers” by Chambers USA Guide 2004. His practice spans a wide range of complex commercial matters, including antitrust, unfair competition and patent litigation.

Lee F. Johnston, a partner at Hollard & Hart LLP, is a trial attorney specializing in patent, copyright and trade secret litigation and has handled all aspects of these cases from initial consultation through jury trial. In addition to litigation, he is active in advising clients on implementing proactive measures designed to maximize value from their IP portfolio and safeguard against infringement and misappropriation by others.

Dorothy Gill Raymond is a Senior Vice President and General Counsel for CableLabs where she is responsible for all legal matters, including antitrust compliance, protection of intellectual property and other general corporate and contractual matters. Before joining CableLabs, she was an attorney for Telecommunications, Inc. responsible for mergers and acquisitions.

Ken Serwin, Senior Consultant at National Economic Research Associates (NERA), Inc., has extensive experience in performing economic analyses and providing economic consulting services in a variety of industries. His areas of expertise include intellectual property, antitrust, transfer pricing, and financial economics. He has significant experience in the valuation of intangible and intellectual property assets and the measurement of economic damages in intellectual property and other commercial disputes.

Barry is a partner in Ernst & Young's Investigative & Dispute Services Practice where he specializes in Intellectual Property matters. Barry has testified as an expert on damages and valuation in numerous intellectual property and other business disputes. He also consults with companies on the strategic use of intellectual assets.

Tucker K. Trautman is a partner at Dorsey Whitney LLP in the Trial, Regulatory and Technology Group and Head of the Denver Office Trial group. He practices in the areas of complex commercial litigation, antitrust, securities fraud, intellectual property, and regulatory law.

Law Seminars International Presents

Calculating & Proving Patent Damages

September 20, 2004 Denver Marriott City Center in Denver, CO