Law Seminars International Presents

An Advanced Workshop on

Calculating & Proving Patent Damages

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

March 8, 2004
The Omni Charlotte Hotel in Charlotte, NC
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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 convoyed 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 reason-able 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: Michael S. Connor, Esq. and Timothy P. Daniel, Ph.D.

What Attendees Said

"Excellent CLE classes." "Subject matter was well organized." "Appreciated no overlap of presentations." "Unique topics."

Agenda

Monday, March 08, 2004
8:30 am Introduction and Overview
  Michael S. Connor, Esq., Program Co-Chair
 Alston & Bird LLP / Charlotte, NC
  Timothy P. Daniel, Ph.D, Program Co-Chair
 NERA Economic Consulting / Washington, DC
8:45 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 S. Connor, Esq., Program Co-Chair
 Alston & Bird LLP / Charlotte, NC
  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, pric
  George G. Korenko, Ph.D., Senior Consultant
 NERA Economic Consulting / Washington, DC
10:15 am Break
10:30 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
  Mary A. Woodford
 Cornerstone Research / Washington, DC
  Strategies for defending and deposing attorneys
  Clifford R. Jarrett, Esq.
 Kennedy Covington Lobdell & Hickman LLP / Charlotte, NC
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
  Anat Hakim, Esq.
 Foley & Lardner / Washington, DC
  Use of surveys to measure the market impact of non-infringing alternatives
  Sarah Butler, Statistician
 NERA / Philadelphia, PA
  Economics of price erosion and lost convoyed sales using available data
  Carla S. Mulhern, Esq., Managing Principal
 Analysis Group, Inc. / Washington, DC
3:00 pm Break
3:15 pm Determining "Reasonable and Nondiscriminatory" Royalties
  An economist’s perspective on the Georgia-Pacific factors and economic proof standards from other recent cases
  Chelton D. Tanger
 PricewaterhouseCoopers LLP / Atlanta, GA
  Legal strategies for plaintiffs
  D. Randal Ayers, Esq.
 Myers Bigel Sibley & Sajovec, P.A. / Raleigh, NC
  Strategies for defendants
  Richard M. McDermott, Esq.
 Alston & Bird LLP / Charlotte, NC
4:45 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
  David E. Bennett, Esq.
 Coats & Bennett, P.L.L.C. / Cary, NC
  Timothy P. Daniel, Ph.D, Program Co-Chair
 NERA Economic Consulting / Washington, DC
  Graham D. Rogers, ASA
 Deloite & Touche LLP / Charlotte, NC
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 NC CLE 7 (Sponsor 2488 Course 3) | CA MCLE 7.25 | GA CLE 7 | NY CLE 8.5 (nontransitional) | PA CLE 7 (52101) | SC CLE 7 (#241290) WA CLE(#116832)

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 S. Connor, Program Co-Chair, is a partner at Alston & Bird LLP where he is co-leader of the Intellectual Property Litigation Group. His practice is concentrated in technology and intellectual property litigation. In addition, he regularly counsels clients with respect to intellectual property and technology issues and concerning licensing and antitrust matters.

Timothy P. Daniel, Program Co-Chair, is a Senior Vice President in the Washington, DC office of National Economic Research Associates (NERA). Dr. Daniel's areas of specialization include the economics of antitrust and intellectual property, and the calculation of commercial damages. Prior to joining NERA, Dr. Daniel was Assistant Director for Antitrust at the Federal Trade Commission where he worked on numerous matters with an intellectual property component, including participating on the Task Force that developed the Department of Justice/Federal Trade Commission Antitrust Guidelines for the Licensing of Intellectual Property.

D. Randal Ayers is a partner at Myers Bigel Sibley & Sajovec, P.A. Mr. Ayers has extensive experience in all aspects of patent litigation, including Markman hearings, trial and appeal, and also in all other forms of intellectual property litigation. Additionally his practice includes patent prosecution in electrical engineering technologies.

David E. Bennett is a partner with Coats & Bennett, P.L.L.C. where he focuses on litigation involving patents, trademarks, copyrights, and trade secrets. His experience also includes multiparty proceedings in the Patent and Trademark Office, preparing and prosecuting applications for patents and trademarks, including handling appeals.

Anat Hakim is a partner with Foley & Lardner, where she is a member of the Intellectual Property Department and the IP Litigation Practice Group. Ms. Hakim practices in the areas of intellectual property disputes, cyberspace litigation and First Amendment issues in cyberspace, and license disputes.

Clifford R. Jarrett is a partner in the litigation department and in the intellectual property section of the business law department at Kennedy Covington Lobdell & Hickman L.L.P. He focuses his practice on patent, trademark, and copyright-related advice and litigation.

George G. Korenko is a Senior Consultant at National Economic Research Associates (NERA). Dr. Korenko specializes in the economics of intellectual property and antitrust and the application of statistical analysis to these areas. He has valued intellectual property for litigation, licensing, and transfer pricing matters.

Carla S. Mulhern specializes in the application of microeconomic principles to issues arising in complex business litigation. She has served as an expert in intellectual property damages cases involving patent, copyright and trademark infringement as well as misappropriation of trade secrets. In addition, she has worked with leading academic experts on numerous intellectual property, antitrust and breach of contract cases. Ms. Mulhern has assisted clients in all aspects of litigation projects including development and review of pretrial discovery, development of economic and financial models to analyze damages, critique of analyses propounded by opposing experts, and preparation of testimony.

Graham D. Rogers is a Senior Manager of Dispute Consulting Intellectual Asset Management with Deloitte & Touche LLP. He has a wide variety of experience in assisting clients with the strategic use of their intellectual assets. Mr. Rogers has served as an expert to determine economic damages in intellectual property disputes as well as to determine the Fair Market Value of identified intellectual assets from a client’s technology portfolio.

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.

Mary A. Woodford is a Principal with Cornerstone Research. She specializes in applying financial and operational analysis to damages assessments in complex commercial litigation, with an emphasis on intellectual property disputes. Additionally, Ms.Woodford has directed and developed damages analyses in breach of contract, class action and antirust disputes.