Law Seminars International Presents

An Advanced Workshop on

Calculating & Proving Patent Damages

More than just the usual courses of action for pursuit and defense

April 23, 2004
The Mid-America Club in Chicago, IL
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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: Phillip A. Beutel, Ph.D.and Michael R. Levinson, Esq.

What Attendees Said

"Very thorough program."" Brought new ideas and theories of recovery to light."

Agenda

Friday, April 23, 2004
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 and other recent cases
  Michael R. Levinson, Esq., Program Co-Chair
 Seyfarth Shaw LLP / Chicago, IL
  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
  Christine Meyer, 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
  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
  Kathleen M. Kedrowski, CPA
 Ernst & Young LLP / Chicago, IL
  Strategies for defending attorneys
  Peter J. Meyer, Esq.
 Gardner Carton & Douglas LLP / Chicago, IL
  Discovery strategies for deposing attorneys
  Allan J. Sternstein, Esq.
 Brinks Hofer Gilson & Lione / Chicago, IL
12:00 pm Lunch (on your own)
1:15 pm Legal and Economic Issues in Cases Involving Non-infringing Alternatives, Price Erosion, and Convoyed Sales Cases
  Key legal issues
  Joan L. Eads, Esq.
 Foley & Lardner / Madison, WI
  The use of surveys to measure the market impact of non-infringing alternatives
  Mark P. Berkman, Ph.D., Vice President
 Charles River Associates Incorporated / Oakland, CA
  Economics of price erosion and lost convoyed sales using available data
  Mark E. Meitzen, Ph.D., Vice President
 Laurits R. Christensen Associates, Inc. / Madison, WI
2:45 pm Break
3:00 pm Determining "Reasonable and Nondiscriminatory" Royalties
  An economist’s perspective on the Georgia-Pacific factors and economic proof standards from other recent cases
  Aron Levko, CMC, CPIM, Principal
 PricewaterhouseCoopers LLP / Chicago, IL
  Legal strategies for plaintiffs
  Daniel H. Shulman, Esq.
 Mayer, Brown, Rowe & Maw LLP / Chicago, IL
  Strategies for defendants
  Elizabeth J. Holland, Esq.
 Kenyon & Kenyon / New York, NY
4:30 pm 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
  Christopher J. Leisner, CPA, CMC, Co-Founder
 Creative IP Solutions LLC / Chicago, IL
  Steve G. Steger, Esq., Director of IP, Associate General Counsel
 Brunswick Corporation / Lake Forest, IL
  William A. Streff, Jr., Esq.
 Kirkland & Ellis LLP / Chicago, IL
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 CA MCLE 7.25; IN CLE 7.3 inc 7.3 new wyer (0076979); IL CPA CPE 7.25; CO CLE 9; KS CLE 8 ; KY CLE 7.25 |(70357); MO CLE 8.7; MN CLE 7.25 (79694); NY CLE 8.5 (0 ethics; nontrans'l); OH CLE 8.25; TX CLE 7.25 (000063139); WA CLE 7.25 (117833); WI CLE 8.5

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

Michael R. Levinson, Program Co-Chair, is a partner with Seyfarth Shaw LLP. He focuses his practice on litigation, with particular experience in trade secrets, trademarks, patents, and other intellectual property disputes. He has handled numerous cases involving sporting goods, electronics, food products, food processing, business forms, and insurance products.

Mark P. Berkman is a Vice President at Charles River Associates 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.

Elizabeth J. Holland is a partner at Kenyon & Kenyon. Ms. Holland’s experience is in litigating high-profile patent, securities and contract cases. Ms. Holland’s technical background is in chemical engineering, and she has litigated patents in the pharmaceutical, chemical and consumer products areas.

Kathleen M. Kedrowski is a partner in Ernest & Young’s Litigation Advisory Services practice where she leads the Intellectual Asset Solutions practice, including Intellectual Property Dispute and Intellectual Property Management matters.

Aron Levko is a Principal who leads the Intellectual Asset Management Practice for PricewaterhouseCoopers LLP in the Americas. Mr. Levko has extensive experience working with corporate management, entrepreneurs and trial lawyers in a broad range of industries. He specializes in assisting clients in intellectual asset transactions, portfolio management and dispute resolutions.

Mark E. Meitzen is Vice President with Laurits R. Christensen Associates, Inc. Dr. Meitzen has utility experience in the areas of incentive regulation, incremental cost analysis, pricing, and service quality.

Allan J. Sternstein is a shareholder at Brinks Hofer Gilson & Lione. Mr. Sternstein’s practice focuses on patent, trademark, copyright, and trade secrets litigation; counseling; and licensing. Previously, he was Division Patent Counsel for Abbott Laboratories. Mr. Sternstein is a member of the Illinois Trial Bar and has experience as an expert witness, author and professor of patent issues.

William A. Streff, Jr. is a partner at Kirkland & Ellis LLP, one of the practice group leaders of the Firm’s 175-member Intellectual Property Department; a member of the Firm Management Committee and a member and former Chairman of the Firm’s Technology Committee. Mr. Streff concentrates in intellectual property litigation, transactions (including international strategic alliances) and counseling.