Law Seminars International Presents

A Comprehensive Workshop on

Calculating & Proving Patent Damages

Beyond the usual courses of action for pursuit and defense

November 2, 2004
Washington State Convention and Trade Center in Seattle, WA
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Who Should Order Homestudy

Attorney's and business executives involved with patent transactions and patent litigation

Why Order

"Economic analysis is becoming increasingly important in the development of defensible damages for patent infringement. Cases have turned on the economic impact of the availability of alternatives, the economic impact of the timing of a reasonable royalty negotiation, the definition of the markets in which a technology competes and other economic factors.  Antitrust considerations are also having an impact on patent damages recovery. At the same time, intellectual property and patent protection has had an increasing role in antitrust policy. This workshop will give lawyers an overview of the techniques used by experts to determine whether damages should include lost profits and, if so, how to determine the size of the market in which the infringer competes, the number of competitors in that market, sales lost by the patent holder to the infringer, and the amount of price erosion as a result of the infringer's activities.  The calculation of a reasonable royalty will also be described using the tools of game theory, finance and accounting. The workshop will also describe the data that is useful in undertaking a damages analysis and how to present damages findings to a jury. ~Program Co-chairs: F.Ross Boundy, Esq. and Alan J. Cox, Ph.D.

What You Will Learn

An important advanced workshop on "Calculating and Proving Patent Damages". There is new case law and new strategies beyond the usual courses of action that our economic and legal experts will explore that will help guarantee success in pursuing and defending claims.

Agenda

Tuesday, November 02, 2004
8:00 am Registration and Continental Breakfast
8:30 am The Law and the Economics: Why You Need to Do Rigorous Economic Analysis in Order to Develop a Case
  Key developments in case law following Daubert, Kumho Tire, Grain Processing and other leading cases on expert testimony
  F. Ross Boundy, Esq., Program Co-chair
 Christensen O'Connor Johnson Kindness PLLC / Seattle, WA
  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.
  Alan J. Cox, Ph.D, Program Co-chair
 NERA Economic Consulting / San Francisco, CA
10:15 am Break
10:30 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? Making sure lawyers understand the economic data that is important
  Russell W. Mangum, III, Ph.D, Vice President
 Analysis Group, Inc. / Los Angeles, CA
  Taking and defending depositions; strategies, tools, methods
  Ramsey M. Al-Salam, Esq.
 Perkins Coie / Seattle, WA
11:30 am Royalty-based Damages
  Overview of the Legal Standards
  Jon W. Gurka, Esq.
 Knobbe Martens Olson & Bear LLP / Irvine, CA
  Meeting the standards (with an emphasis on Integra)
  Kenneth Serwin, Ph.D., Senior Consultant
 NERA Economic Consulting / San Francisco, CA
12:30 pm Lunch (on your own)
1:45 pm Lost Profit Damages: Calculating the Value of Patents the Impact of Alternatives, Price Erosion, and Convoyed Sales
  Key legal issues
  Scott Schrader, Esq.
 Covington & Burling / San Francisco, CA
  Economics of price erosion and lost convoyed sales using available data
  Mark Berkman, Ph.D, Vice President
 Charles Rivers Associates / Oakland, CA
2:45 pm Antitrust and Patent Misuse as a Bar to Patent Damages
  Recent developments relating to the possible bar to patent damages as a result of antitrust counterclaims and patent misuse defenses
  Hugh F. Bangasser, Esq.
 Preston Gates & Ellis LLP / Seattle, WA
3:30 pm Break
3:45 pm Mock Trial: 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
  Ryan M. Sullivan, Ph.D., Principal
 Bates White LLC / San Diego, CA
  Opposing economist
  Thomas R. Varner, Ph.D.
 Cornerstone Research / San Francisco, CA
  Proponent attorney
  David Enzminger, Esq.
 O'Melveny & Myers LLP / Los Angeles, CA
  Opposing attorney
  Stuart R. Dunwoody, Esq., Partner
 Davis Wright Tremaine LLP / Seattle, WA
  Presiding Judge
  The Hon. Robert S. Lasnik, Esq.
 US District Court / Seattle, WA
5:30 pm End of Day

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: WA CLE 7.25 (#126614) | CA MCLE 7.25 | NM CLE 8.7

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

F. Ross Boundy, Program Co-chair, is a member at Christensen O’Connor Johnson Kindness. He is a partner in the litigation department and has served as lead counsel on numerous lawsuits involving patent, copyright, trademark, trade secret and unfair competition matters.

Alan J. Cox is a Vice President in the San Francisco office of NERA Economic Consulting. His consulting practice and research have examined the consequences of regulatory policy on both the telecommunications and energy industries.

Ramsey M. Al-Salam is a partner in the Seattle office of Perkins Coie, where he focuses his practice on intellectual property analysis and dispute resolution, with a particular emphasis in patent, trademark and trade secret litigation, arbitration and trial. He has worked with small and large clients in a variety of technologies and industries.

Hugh F. Bangasser, a partner at Preston Gates & Ellis LLP concentrates on antitrust and complex corporate litigation, including class actions, and advises public and private sector clients on corporate litigation issues related to antitrust, franchise, computer law and intellectual property matters.

Mark P. Berkman, a Vice President at Charles Rivers Associates, specializes in the application of economics to environmental, energy, intellectual property, antitrust, labor, and public finance matters. Prior to joining Charles Rivers he was a Vice President in these areas at NERA Economic Consulting.

Stuart R. Dunwoody, Partner, Davis Wright Tremaine LLP practices Intellectual Property, Life Sciences, Litigation, Newspapers & Publishing law. Mr. Dunwoody has litigated numerous disputes involving Trademarks, Trade Dress and false advertising in courts and before the Trademark Trial and Appeals Board. Litigation of utility patents involving computer softwared and manufacturing processes, plant patents and design patents. Representation of employers in disputes over misappropriation of trade secrets by former employees. Civil Litigation including defense of employers against whistleblower claims.

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.

Jon W. Gurka is a litigation partner at Knobbe Martens Olson & Bear LLP. He has an extensive intellectual property litigation practice, having handled cases involving patent, trademark, copyright, trade secret, unfair competition and breach of contract matters.

Judge Robert S. Lasnik became Chief Judge of the Western District of Washington on September 1, 2004. He was appointed to the United States District Court by President Clinton in 1998. Prior to that he served as a King County Superior Court Judge for nine years. He is former Chief of Staff to the King County Prosecutor's Office.

Russell W. Mangum, Vice President at the Analysis Group, Inc., has twelve years’ experience in economic research and analysis. He has served as a consulting and testifying economist and expert in private sector consulting as well as for the U.S. Government at the U.S. Federal Trade Commission. Dr. Mangum’s practice focuses on economic analysis and litigation support in a wide range of cases involving antitrust, intellectual property, damage estimation, and class certification.

Scott Schrader Of Counsel at Covington & Burling handles complex litigation civil disputes, with an emphasis on patent litigation and other intellectual property and technology-related matters. Mr. Schrader is a member of the Institute of Electrical and Electronics Engineers, and he is admitted to practice before the U.S. Patent & Trademark Office.

Ken Serwin is a Senior Consultant at NERA Economic Consultants. He serves both as testifying expert and consulting economist. He specializes in the valuation of intellectual property and the determination of commercial economic damages in intellectual property and securities matters. Dr. Serwin also assists corporate clients negotiate intellectual property license agreements outside of litigation.

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.