Law Seminars International Presents

An Advanced One-Day Workshop on

Calculating & Proving Patent Damages

Beyond the usual courses of action for pursuit and defense

June 14, 2004
Sheraton Reston Hotel in Reston, VA
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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 and their conceptual/empirical approaches to damage calculations really qualified under Daubert and Kumho Tire? How can you account for cutting-edge technologies, where the patents at issue maybe important to goods not yet on the market? 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? How can you most effectively make your key arguments to the court and the jury?" ~ Program Co-Chairs: Edward Tuck Colbert, Esq. and Timothy P. Daniel, Ph.D

What Attendees Said

-Generally, speakers were very good and well-informed. -Very practical, applied, and easy to understand. -Great workshop!

Agenda

Monday, June 14, 2004
8:00 am Registration and Contintental 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 vs. Kumho Tire, Grain Processing and other recent cases
  Edward Tuck Colbert, Esq., Program Co-Chair
 Kenyon & Kenyon / Washington, DC
  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
  George Korenko, Ph.D., Senior Consultant
 NERA Economic Consulting / Washington, DC
10:00 am Break
10:15 am Damages in Cases Involving Engineering, Regulatory, and Market Work Arounds
  Economics
  Gregory K. Bell, Ph.D., Group Vice President
 Charles River Associates, Inc. / Boston, MA
  Key Legal Issues
  Maximillian A. Grant, Esq.
 Latham & Watkins / Washingon, DC
11:15 am Damages in Cases Involving Cutting Edge Technologies
  How do you determine a reasonable royalty in the absence of an established market (no historical sales)? How do you estimate the value of lost opportunities for venture capital or a university grant arising from the infringement and lack of exclusivity?
  Walter Bratic, CPA, CFE, Vice Chairman and Managing Director
 InteCap Inc. / Houston, TX
  Key Legal Issues
  Brian S. Mudge, Esq.
 Kenyon & Kenyon / Washington, DC
12:00 pm Lunch (on your own)
1:15 pm Case Study: Applying Daubert Principles to the Use of Computer Simulation to Develop an Estimate of the "But For" World for Computer Damages
  Economist proposing the approach
  John Gale, Ph.D., Senior Economist
 Economists Incorporated / Washington, DC
  Opposing economist
  Timothy P. Daniel, Ph.D, Program Co-Chair
 NERA Economic Consulting; Senior Vice President / Washington, DC
  Proponent Attorney
  David Enzminger, Esq.
 O'Melveny & Myers LLP / Los Angeles, CA
  Opposing Attorney
  Robert J. Walters, Esq.
 Pillsbury Winthrop LLP / McLean, VA
  Presiding Judge
  James Robertson, Esq.
 U.S. District Court for the District of Columbia / Washington, DC
3:15 pm Break
3:30 pm The Practicalities of Presenting Damages to the Trier of Fact
  Presentation Consultant
  Guy Joubert, M.S., Managing Director - Trial Consulting
 FTI Consulting / Washington, DC
  Strategies for Plaintiffs
  Elizabeth J. Holland, Esq.
 Kenyon & Kenyon / New York, NY
  Strategies for Defendants
  Terence P Ross, Esq.
 Gibson Dunn & Crutcher LLP / Washington, DC
5:00 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 VA CLE 7 (#R02771) | CA MCLE 6.75 | GA CLE 6.8 | NY CLE 8 (0 ethics, nontransitional) | OH CLE 6.75 (#000147976) | PA CLE 7 (#145342) | TN CLE 6.75 (#031591) | WA CLE 6.75 (#120963)

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

Edward Colbert, Program Co-Chair, a partner with Kenyon & Kenyon has over 25 years experience in litigation and other adversarial proceedings concerning all aspects of intellectual property, including patents, trademarks and copyrights, false advertising, unfair competition and trade secrets, as well as extensive antitrust trial experience. In addition, he has significant experience in domestic and international intellectual property licensing. He participated in the creation and shaping of the United States Olympic Committee licensing program and was involved in the licensing and enforcement of Olympic marketing rights in the United States and certain related worldwide rights for the 1976, 1984, 1988, 1992 and 1996 Olympic Games and U.S. Olympic Teams.

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.

Gregory K. Bell, Group Vice President at Charles River Associates, Inc., is responsible for Business Consulting and is also Practice Leader for Pharmaceuticals and Intellectual Property. He is also a principal member of the firm’s Finance and Transfer Pricing practices. As an expert witness, he frequently testifies on damages in intellectual property, finance, and antitrust litigation. Dr. Bell’s business consulting engagements focus on the economics of business strategy, working with firms to develop sustainable competitive advantages in specific product markets.

Walter Bratic a Vice-Chairman and Managing Director of Intecap has extensive experience in a broad range of intellectual property subject matter. He has conducted valuation, licensing negotiations and strategic management studies involving intellectual property for corporate clients including multinational and international joint ventures, start-up and development stage companies. He has performed research and analysis regarding industry dynamics and IP management practices, portfolio optimization, evaluation of corporate IP strategies, and effects of technology investment, innovation, adoption and transfer on competition.

David Enzminger is a partner in the Los Angeles office of O'Melveny & Myers LLP Intellectual Property & Technology Department. He has extensive technology litigation experience, with an emphasis on patent, trade secret, trademark, and antitrust matters.

John Gale, a Senior Economist with Economist Incorporated has extensive experience providing economic analysis of antitrust, regulatory, intellectual property, and damages related issues relating to telecommunications, consumer products and professional service markets. He has authored filings in Federal Communications Commission proceedings on program exclusivity, spectrum ownership caps, interactive television rules, retail availability of cable boxes, reciprocity rules, and digital radio standards.

Maximillian Grant of Latham & Watkins has significant counseling, commercial litigation and trial experience in federal and state courts, particularly in intellectual property cases. He has examined and cross-examined witnesses at trial, argued and won substantive motions, taken and defended numerous depositions, and has over sixty trial days in court. He has represented clients such as Veritas Software, Weider Nutritional International, Coors Brewing, Valent BioSciences, Du Pont, United Technologies and Johnson & Johnson in a variety of matters, including patent infringement, trademark and tradedress infringement, Lanham Act and unfair competition, trade secret, antitrust and commercial fraud cases.

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.

Guy Joubert is a Managing Director in FTI’s Trial Consulting practice in Washington, DC. Mr. Joubert specializes in developing innovative communications and technological solutions for litigation with emphasis on intellectual property cases. He has worked on a range of litigation matters involving product liability, multi-district litigation, contract dispute, and antitrust issues.

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.

Brian S. Mudge, a partner in the Washington D.C. office of Kenyon & Kenyon, has substantial experience in litigation and counseling concerning all aspects of intellectual property, including patents, trademarks, unfair competition, trade secrets, and copyrights. His practice (both as to patents and to other forms of intellectual property) focuses primarily in the high tech business sector, with particular emphasis on information technology, computer networking, Internet applications and business methodologies, communications, signal processing, and financial trading systems.

Judge James Robertson was appointed United States District Judge in December 1994. From 1965 to 1969, he was in private practice with the law firm of Wilmer, Cutler & Pickering. From 1969 to 1972, Judge Robertson served with the Lawyers’ Committee for Civil Rights Under Law, as chief counsel of the Committee’s litigation offices in Jackson, Mississippi, and as director in Washington, D.C.

Terence P. Ross is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher and a member of the firm's Litigation Department and a member of the Firm's Intellectual Property Practice Group. He focuses his practice on the litigation of commercial lawsuits, particularly those involving intellectual property. He has broad experience in various types of intellectual property disputes that arise out of high-technology businesses, including patent and copyright infringement; trade secret and unfair competition litigation; and trademark/trade name disputes. He is also the author of Intellectual Property Law: Damages and Remedies.

Robert Walters a partner with Pillsbury Winthrop focuses his practice on litigation and patent prosecution. He has achieved successful results for both plaintiffs and defendants in patent infringement, trade secret, trademark and copyright disputes, and litigated over fifteen jury trials in state and federal courts. In addition, he has extensive experience in the appellate phase of litigation. He has prepared patent applications for clients in a wide variety of technical fields, including medical devices, electronic testing equipment, HVAC, filtration, automotive technology, manufacturing equipment and furniture.