Law Seminars International Presents

An Advanced Workshop on

Calculating & Proving Patent Damages

Recent Developments and New Tools for Success

July 16, 2004
Crowne Plaza Hotel in San Francisco, CA
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Who Should Order Homestudy

Attorneys and busines sexecutives 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: Robert A. Freitas, Esq. and Kenneth Serwin, Ph.D.

Agenda

Friday, July 16, 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, Integra and other recent cases
  Robert E. Freitas, Esq., Program Co-Chair
 Orrick Herrington & Sutcliffe LLP / Menlo Park, CA
  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,
  Kenneth Serwin, Ph.D., Program Co-Chair
 NERA Economic Consulting / San Francisco, CA
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?
  Gary Bender, Esq.
 Ernst & Young / San Francisco, CA
  Taking and defending depositions
  David Steuer, Esq.
 Wilson Sonsini Goodrich & Rosati / Palo Alto, CA
  Other discovery strategies methods and tools
  Frederick Brown, Esq.
 Gibson Dunn & Crutcher, LLP / San Francisco, CA
12:15 pm Lunch (on your own)
1:15 pm Document Management Tips
  Drafts, e-mail and notes: What needs to be kept; what needs to be discarded; what record keeping approaches work best
  Bonnie Goldsmith, Esq., Managing Director
 InteCap Inc. / Mountain View, CA
2:00 pm Calculating the Value of Patents: The Impact of Alternatives, Price Erosion, and Convoyed Sales
  Key legal Issues
  Victor S. de Gyarfas, Esq.
 Foley & Lardner LLP / Los Angeles, CA
  Economics of price erosion and lost convoyed sales using available data
  Matthew R. Lynde, Ph.D., Vice President
 Cornerstone Research / San Francisco, CA
3:15 pm Break
4:00 pm Hot Topics: Issues in the Interface of Intellectual Property and Antitrust
  Network effects, first mover advantage, and merger simulation in damages estimation
  Gregory K. Leonard, Ph.D., Vice President
 NERA Economic Consulting / San Francisco, CA
  Determining "Reasonable and Non-Discriminating" royalties for patents incorporated into standards
  Barbara A. Caulfield, Esq., Executive Vice President and General Counsel
 Affymetrix, Inc. / Santa Clara, CA
  Special issues for cases involving patent pooling
  Evangelina Almirantearena, Esq.
 Howrey Simon Arnold & White LLP / Menlo Park, CA
5:00 pm Wrap-up: Taking a Holistic Approach to Patent Damages Analysis
  Ryan M. Sullivan, Ph.D., Principal
 Bates White LLC / San Diego, CA
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: CA MCLE 7.25 | WA CLE 7.24 (#121938) | PA CLE 6.5s #52101

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

Robert E. Freitas, Program Co-Chair, is a Silicon Valley intellectual property and litigation partner, focuses his practice on intellectual property litigation, insurance coverage claims and litigation, antitrust law, and complex litigation.

Ken Serwin, Program Co-Chair, is a 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.

Evangelina Almirantearena is a partner at Howrey Simon Arnold & White, LLP where her practice focuses on antitrust litigation, particularly as it arises in the intellectual properlty area, antitrust counseling, criminal antitrust defense and the representation of parties before the Department of Justice and the Federal Trade Commission.

Gary Bender is a Senior Manager in the Global Investigations and Dispute Advisory practice and leads the west coast Intellectual Asset Solutions Team for Ernst & Young LLP. He has extensive experience in providing specialized Intellectual Property management and litigation consulting services, including assisting clients in a vast range of technology industries with analysis and calculations of lost profit, reasonable royalty, business interruption loss and other financial and forensic accounting services.

Fred Brown is a partner in the San Francisco office of Gibson Dunn & Crutcher, LLP and a member of the firm's litigation and intellectual property practice groups. He focuses his trial practice on patent infringement and complex commercial cases, which he litigates in both state and federal jurisdictions across the country. He recently has served as lead counsel on multiple office teams in several high profile patent infringement cases.

Barbara Caulfield is the Executive Vice President and General Counsel for Affymetrix. She has extensive experience as a trial lawyer and, from 1991-1994, served as a judge in the U.S. District of Northern California. She has served on the National Patent Board, the National Institute of Trial Advocacy and the Federal Practice Program of the Northern District of California, which she founded in 1988, and has taught at the U.C. Berkeley, Stanford and Harvard University law schools.

Victor de Gyarfas is a senior counsel and registered patent attorney in Foley & Lardner LLP's Los Angeles office. He has been lead counsel or second chair in numerous cases concerning patent, copyright, trademark, and trade secret causes of action. His litigation experience has involved a wide range of technologies, including electrical circuits, computer software, television tuners, communications, automatic vehicle identification products, and medical devices.

Bonnie J. Goldsmith, a Managing Director in the Mountain View, CA office of Intecap, Inc., possesses substantial experience in a range of fields including consulting work and testimony is the accounting, financial, economic and business issues associated with litigation. She is a frequent lecturer, and a published author.

Dr. Gregory K. Leonard is a Vice President in NERA’s Antitrust and Intellectual Property Practices. His areas of expertise are applied microeconomics and econometrics. He has extensive experience analyzing competition and estimating damages in antitrust cases and patent infringement damages cases. He was one of the developers of the merger simulation technique that is now widely used to analyze the competitive effects of mergers. Dr. Leonard has provided written and oral testimony on issues involving antitrust, damages estimation, statistics and econometrics, and labor market discrimination. Prior to joining NERA, Dr. Leonard was a Senior Vice President at Lexecon Inc., a founding member and Director of Cambridge Economics, Inc. and an assistant professor at Columbia University, where he taught statistics, econometrics and labor economics. Dr. Leonard has experience in a broad range of industries, including pharmaceuticals, telecommunications, airlines, hedge funds, commercial and recreational fishing, medical instruments, professional sports, credit card networks, payment systems, information services, computer software, chemicals, plastics, retailing, advertising, beef processing, fertilizers, printing, petroleum, steel, beer, cereals, cosmetics, athletic apparel, film, milk, vitamins, animal feed supplements, tissue, industrial gas, contact lens cleaners, sports beverages, soft drinks and diapers, among others. Dr. Leonard has published widely on the issues of antitrust, industrial organization, labor economics and econometrics. His publications have appeared in the RAND Journal of Economics, the Journal of Industrial Economics, the Journal of Public Economics, the Journal of Labor Economics, Antitrust Law Journal and the George Mason Law Review. He gave an invited presentation at the February 2004 Department of Justice/Federal Trade Commission merger workshop. He has served as a referee for numerous professional journals. Dr. Leonard received an Sc.B. in Applied Mathematics-Economics from Brown University and a Ph.D. in economics from the Massachusetts Institute of Technology, where he was a National Science Foundation Graduate Fellow and an Alfred P. Sloan Foundation Fellow.

Matthew R. Lynde, Vice President of Cornerstone Research, has over twenty years of experience as an economist in government, academic, and commercial environments. He has testified at depositions, in state and federal courts, and at arbitrations in a variety of commercial dispute matters. He specializes in the economic approach to damages analysis, especially for intellectual property matters. He has testified or consulted on a large number of cases involving high tech patents, copyrights, and trade secrets, often for Fortune 500 clients.

David Steuer of Wilson Sonsini Goodrich & Rosati is a civil litigator and trial lawyer with primary emphasis in securities litigation, corporate governance matters, general commercial disputes, intellectual property matters, and employee/trade secret issues.

Dr. 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.