Law Seminars International Presents

An Advanced Workshop on

Calculating & Proving Patent Damages

Beyond the usual courses of action for pursuit and defense

May 14, 2004
Sheraton Stamford Hotel in Stamford, CT
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Who Should Order Homestudy

Attorneys and business executives involved with patent transactions and patent litigation

Why Order

"Given recent developments, the usual courses of action for pursuing or defending claims for lost profits, reasonable royalties, and damages from price erosion and conveyed sales may not be sufficient to guarantee success. Patent trial lawyers must be prepared to address certain critical questions: Are your damages "experts" really qualified under "Daubert" and "Kumho Tire"? Is your damages data complete and accurate? Do market realities support damages for price erosion or lost convoyed sales? What is the relationship between legal and economic standards for determining reasonable royalties? What role should litigation play in managing a patent portfolio? This seminar gives you the tools to answer these and other key questions." Program Co-Chairs: Nicholas Groombridge, Esq. and Lauren Stiroh, Ph.D

Agenda

Friday, May 14, 2004
8:30 am The Need for More Rigorous Economic Analysis in Proving Damages: An Interplay between Law and Economics
  Recent developments in case law
  Nicholas Groombridge, Esq., Program Co-Chair
 Weil, Gotshal & Manges LLP / New York, NY
  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
  Lauren Stiroh, Ph.D., Program Co-Chair
 NERA Economic Consulting / White Plains, NY
10:00 am Break
10:15 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?
  Kathleen M. Kedrowski, Esq.
 Ernst & Young LLP / Chicago, IL
  Cross-examination strategies for deposing attorneys
  Gerald F. Ivey, Esq.
 Finnegan Henderson, Farabow, Garrett & Dunner, L.L.P. / Washington, DC
  Strategies for defending attorneys
  John L. Dauer, Jr., Esq.
 Brown Raysman Millstein Felder & Steiner LLP / New York, NY
12:00 pm Lunch
1:15 pm Calculating the Value of Patents: The Impact of Alternatives, Price Erosion, and Convoyed Sales
  Key legal issues
  Thomas F. Fleming, Esq.
 Kaye Scholer LLP / New York, NY
  The use of surveys to measure the market impact of non-infringing alternatives; how to do a survey in a way that will withstand a Daubert challenge
  Mark P. Berkman, Ph.D.
 Charles River Associates Incorporated / Oakland, CA
  Economics of price erosion and lost convoyed sales using available data
  Dov Frishberg, Ph.D., Director
 Deloitte & Touche LLP / New York, NY
2:45 pm Break
3:00 pm Hot Topics: The Impact of Grain Processing
  The law: Why Grain Processing is important
  Gerald J. Flattmann, Jr., Esq.
 Fish & Neave / New York, NY
  The economics: Why Grain Processing is sensible
  Raymond S. Sims, Managing Director
 InteCap, Inc. / Chicago, IL
4:00 pm Hot Topics: Issues in the Frequently Uncomfortable Interface of Intellectual Property and Antitrust
  Network, first mover effects and merger simulation in damage situations
  George L. Paul, Esq.
 White & Case LLP / Washington, DC
  Antitrust counterclaims: Strategies for avoiding tension between your patent damages position and your anti-trust counter claim position (or creating tension between your opponent’s positions)
  Fredrick M. Zullow, Esq.
 Milbank,Tweed, Hadley & McCloy LLP / New York, NY
  Class action suits: The relationship between relevant market calculations and the question of whether the proposed class is the relevant class
  Jesse David, Ph.D.
 NERA Economic Consulting / New York, NY
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 self-certifies CLE credits for Washington, California, and Alaska. For other locations, we automatically seek CLE credit approval for the state in which a seminar is held. On request, we will apply for credits from other bar associations or the accrediting bodies for other professions. The current credits status for this program is CT CLE 7.25 | CA MCLE 7.25 | NY CLE 8.5 (0 ethics, nontransitional) PA CLE 7 Substantive (# 52101) | WA CLE 7.25 (#118857)

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

Faculty Bios

Nicholas Groombridge, Program Co-Chair, is a partner at Weil, Gotshal & Manges LLP specializing in patent litigation and other complex intellectual property disputes. Mr. Groombridge is extensively involved in all aspects of patent litigation, including trials (both bench and jury). He has been lead counsel in many patent infringement actions in federal district courts and has successfully argued cases in the Court of Appeals for the Federal Circuit.

Lauren Stiroh, Program Co-Chair, specializes in the economics of antitrust and intellectual property at NERA Economic Consulting. Her work involves the analysis of the competitive effects of mergers, acquisitions, and joint ventures in a broad range of industries. Dr. Stiroh has conducted research and prepared expert reports on a variety of issues relating to market power and competition and conducted studies of patent value and assessed damages from patent infringement in a range of industries.

Mark P. Berkman is a Vice President at Charles River Associates Incorporated specializing in the application of economics to environmental, energy, intellectual property, antitrust, labor, and public finance matters. Dr. Berkman assists clients in complex damage and liability cases involving patents, trade secrets, and trademarks.

Jesse David, a Senior Consultant at NERA Economic Consulting, specializes in the economics of regulation and intellectual property. Dr. David has developed analysis and testimony for patent infringement cases and antitrust

Gerald J. Flattmann, Jr. is a partner at Fish & Neave. Mr. Flattmann has extensive experience in patent infringement litigation, prosecution, and licensing, with emphasis on biotechnology patent litigation. Technologies have included biotechnology, pharmaceuticals, and electronics.

Thomas F. Fleming is a partner at Kaye Scholer LLP and is a veteran trial attorney with considerable experience with complex commercial litigation, intellectual property litigation and particularly patent litigation. Mr. Fleming also represents global chemical and biotech concerns, in the areas of pharmaceutical, chemical and biotech patent litigation.

Gerald F. Ivey is a partner at Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P. Mr. Ivey practices in the areas of civil litigation and trial advocacy, concentrating primarily on patent cases involving a wide range of technology, including mechanical products, medical devices, and biotechnology. He has extensive trial experience.

Kathleen M. Kedrowski is a partner in Ernst & Young LLP’s Litigation Advisory Services Practice. Ms. Kedrowski leads the Intellectual Asset Solutions Practice, advising clients on the strategic use of Intellectual Assets.

Raymond S. Sims is Managing Director at InteCap, Inc. Mr. Sims has consulted a wide variety of business and industrial clients, as well as governmental agencies on engagements involving valuation, negotiation strategy, accounting, financial and statistical analysis and modeling. Much of this work involves interpreting and projecting data and evaluating the economic impact of business decisions, transactions and/or economic events.

Fredrick M. Zullow is a partner in the Intellectual Property Group at Milbank, Tweed, Hadley & McCloy LLP and is involved in all aspects of patent litigation practice. Mr. Zullow’s litigation experience includes representing major pharmaceutical companies, particularly ethical pharmaceutical companies, in the enforcement of their patents.