Law Seminars International Presents

A Comprehensive Workshop on

Calculating & Proving Patent Damages

Beyond the usual courses of action for pursuit and defense

October 8, 2004
Renaissance Atlanta Downtown Hotel in Atlanta, GA
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Who Should Order Homestudy

Attorneys and business executives involved with patent transactions and patent litigation

Why Order

"Given recent case law, the usual courses of action for pursuing or defending claims for lost profits, reasonable royalties, and damages from price erosion and convoyed sales may no longer be adequate to guarantee success. Patent trial lawyers must be prepared to address certain critical questions: Is your damages expert's testimony sufficiently rigorous to satisfy the requirements described in Daubert and Kumho Tire or is it "junk science"? Is the data your expert is relying upon complete? 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 key antitrust issues may have an impact on your patent case? This seminar gives you the tools to answer these and other key questions." ~ Program Co-chairs: John P. Fry, Esq. and Steven Schwartz, Ph.D.

What You Will Learn

The Need for More Rigorous Economic Analysis in Proving Damages: An Interplay Between Law and Economics; Getting the Data for a Defensible Damages Study Through Discovery and 20(b)(6) Depositions; Case Study: Applying Daubert Principles to the Use of Computer Simulation to Develop an Estimate of the "But For" World for Damages Calculations; Calculating the Value of Patents; Issues in the Interface of Intellectual Property and Antitrust

Agenda

Friday, October 08, 2004
8:00 am Reigstration and Continental Breakfast
8:30 am 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, Integra and Other Recent Cases
  John P. Fry, Esq., Program Co-chair
 Alston & Bird LLP / Atlanta, GA
  The Basic Economics of Damages Calculation in Patent Matters in Light of Recent Cases: etc
  Steven Schwartz, Ph.D., Senior Vice President
 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?
  John C. Jarosz, Managing Principal
 Analysis Group, Inc. / Washington, DC
  Taking and Defending Depositions
  Mitchell Gaines Stockwell, Esq.
 Kilpatrick Stockton LLP / Atlanta, GA
  Other discovery strategies methods and tools
  William F. Long, Esq.
 Sutherland Asbill & Brennan LLP / Atlanta, GA
12:00 pm Lunch (on your own)
1:15 pm Case Study: Appling Daubert Principles to The Use of Computer Simulation to Develop an Estimate of the "But For" World for Damages Calculations
  Testifying Economist
  Ryan M. Sullivan, Ph.D., Principal
 Bates White LLC / San Diego, CA
  Proponent Attorney
  Joseph R. Bankoff, Esq.
 King & Spalding LLP / Atlanta, GA
  Opposing Attorney
  Nagendra Setty, Esq.
 Jones Day / Atlanta, GA
  Arbitrator
  Joan C. Grafstein, Esq., Arbitrator
 JAMS / Atlanta, GA
3:15 pm Break
3:30 pm Hot Topics: Calculating the Value of Patents
  The impact of alternatives, price erosion, and conveyed sales
  Chelton D. Tanger, Esq., Partner
 PriceWaterhouseCoopers / Atlanta, GA
4:15 pm Hot Topics: Issues in the Interface of Intellectual Property and Antitrust
  Standard setting, network effects and market power
  Lauren J. Stiroh, Ph.D., Vice President
 NERA Economic Consulting / White Plains, NY
  Determining Reasonable and Non-Discriminating Royalties for patents incorporated into standards; special issues for cases involving patent pooling
  H. Stephen Harris, Jr., Esq.
 Alston & Bird LLP / Atlanta, GA
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: GA CLE 7.3 | AL CLE 7.3 | CA MCLE 7.25 | NY CLE 8.5 (0 ethics; non-transitional) | VA CLE 7.5 (#R04031) | WA CLE 7.25 (#125578)

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

John P. Fry. Program Co-chair, is a Partner at Alston & Bird LLP and is a member of the firm’s Intellectual Property Litigation and Intellectual Property Transactional Practice Groups. He practices primarily in the areas of patent, trademark and copyright infringement, unfair competition and trade secret litigation. Mr. Fry is listed in Best Lawyers in America.

Steven Schwartz, Program Co-chair is a Senior Vice President at NERA Economic Consulting specializing in antitrust, intellectual property, valuation and damage estimation matters. He performs antitrust analysis, serves as an expert witness and testifies as an expert measuring damages in patent infringement cases and the value of intellectual property assets, portfolios and licenses.

Joseph R. Bankoff is a senior partner in King & Spalding's Litigation Practice Group. With over 25 years experience as a trial lawyer he has wide litigation experience in patent, copyright, trade secret, media and technology related matters.

Joan C. Grafstein is the Professional Services Director, in addition to serving as Mediator and Arbitrator, at the JAMS Atlanta office. As a full time ADR professional, she has experience in resolving a wide variety of disputes as a mediator, hearing officer, negotiator, and litigation manager. -

H. Stephen Harris, Jr. is a Partner at Alston & Bird and Chair of the Antitrust Group and the Global Services Task Force. He concentrates his practice on federal and transnational antitrust litigation and other complex commercial litigation. He also counsels numerous companies and trade associations on U. S. and transnational antitrust and competition law issues.

John C. Jarosz is Managing Principal and Director at the Analysis Group. He specializes in applied microeconomics and industrial organization. He performs research and gives economic testimony and provides strategy consultation in matters involving commercial damages, intellectual property, licensing, and antitrust.

William F. Long is a Partner at Sutherland Asbill & Brennan LLP and a member of the firm’s Intellectual Property Group. He focuses his litigation practice on handling complex commercial matters involving patents, trade secrets, copyright, and other intellectual property and technology related disputes.

Nagendra (Nick) Setty is a Partner at Jones Day where his practice covers all aspects of intellectual property counseling and litigation, including patent, trade secret, trademark and copyright matters, with particular emphasis on complex patent litigation.

Lauren J. Stiroh is a Vice President in the White Plains Office of NERA Economic Consulting where she specializes in the economics of antitrust, intellectual property and commercial damages. She has conducted research and prepared expert reports on a variety of issues arising from antitrust allegations. She also creates and critiques damage models in a variety of contexts in both antitrust and intellectual property cases.

Mitchell G. Stockwell a Partner at Kilpatrick Stockton LLP practices in the Intellectual Property Group at the firm where he focuses on intellectual property dispute resolution, with special emphasis on patent infringement, trade secret and related intellectual property litigation and licensing.

Ryan M. Sullivan is a Principal with Bates White, LLC and head of the Intellectual Property practice. As an expert in economics, finance, and statistics, he specializes in applying statistical models and quantitative methods to intellectual property and antitrust litigation matters. With extensive experience analyzing market structure, conduct of market participants, and economic performance, he determines economic damages, asset value, lost profits, and licensing rates.

Chelton D. Tanger is a Partner with PricewaterhouseCoopers LLP based in Atlanta. He devotes the majority of his professional time to providing business and financial advice to attorneys and their clients throughout the litigation process.