Law Seminars International Presents

A Comprehensive Two-Day Conference on

Calculating & Proving Patent Damages

Beyond the usual courses of action for pursuit and defense

October 30 & 31, 2006
Club Quarters in Philadelphia, PA
Order      Download PDF Brochure

Who Should Attend

Attorneys, economic experts, and business executives involved with patent transactions and patent litigation

Why Attend

Real world economic analysis is critically important to the development of defensible damages for patent infringement. Cases have turned on the economic impact of the availability of alternatives and the timing of a reasonable royalty negotiation, and the definition of the markets in which a technology competes. This practical conference provides an in-depth look at the techniques used by successful trial lawyers and damages experts to obtain relevant information and determine whether damages include lost profits. Factors to be discussed include 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. Recent successful practices in calculation of a reasonable royalty will also be described. The conference features special panels on industry perspectives on patent damages and on creative damage theories. This comprehensive conference will explore the data that is useful in undertaking a damages analysis; where to look for it, and how to use it successfully. ~ Program Co-Chairs: Lynn A. Malinoski, Esq., John H. Johnson, Ph.D., and Rodger D. Smith, Esq.

What You Will Learn

~ Opening moves for successful litigation or settlement ~ What to ask for through discovery and 30(b)(6) depositions ~ The effects of non-infringing alternatives, price erosion and convoyed sales ~ Creative damage theories ~ How to spot antitrust issues ~ Successful practices in calculating reasonable royalty ~ Effective trial graphics ~ Best closing arguments

What Attendees Have Said About Similar Programs

~ Best patent law CLE course I have attended ~ Exceptional presentations ~ Presenters were flawless ~ I go to a lot of CLE's and feel I've wasted my time. This one was well worth my time. The speakers were very good; the information valuable ~ Well run seminar ~ Very thorough program; brought new ideas and theories to light ~ Judge's insights were terrific ~ Unquestionably the best seminar that I have ever participated in

Agenda

Monday, October 30, 2006

8:00 am Registration & Continental Breakfast
8:30 am Introduction & Overview
  Lynn A. Malinoski, Esq., Program Co-Chair
Woodcock Washburn, LLP / Philadelphia, PA
  John H. Johnson, IV, Ph.D., Program Co-Chair, Vice President
NERA Economic Consulting / Washington, DC
  Rodger D. Smith, Esq., Program Co-Chair
Morris, Nichols, Arsht & Tunnell LLP / Wilmington, DE
9:15 am Opening Moves: Plaintiff and Defendant Perspectives on Getting the Information You Need to Intelligently Decide On What to Sue or to Defend
  Plaintiff's perspective on the early business decisions to be made
  Thomas J. Scott, Jr., Esq.
Hunton & Williams LLP / Washington, DC
  Defendant's perspective
  Lynn E. Rzonca, Esq.
Ballard Spahr Andrews & Ingersoll LLP / Philadelphia, PA
10:30 am Break
10:45 am Selecting the Best Type of Expert and Tips for Effective Working Relationships
  Criteria for determining the best type of expert for the case; privilege waivers, monitoring drafts
  Jesse David, Ph.D.
NERA Economic Consulting / New York, NY
  Gregory J. Lavorgna, Esq.
Drinker Biddle & Reath LLP / Philadelphia, PA
12:00 pm Lunch (on your own)
1:15 pm Getting the Data You Want From the Other Side Through Discovery and 30(b)(6) Depositions
  Determining what to ask for and when to make interrogatory requests; avoiding distracting information irrelevant to preparing supportable IP damages calculations; planning and conducting effective depositions of opposing financial and marketing personnel
  Roberta Jacobs-Meadway, Esq.
Ballard Spahr Ingersoll & Andrews, LLP / Philadelphia, PA
2:00 pm Lost Profit Damages: The Effects of Non-Infringing Alternatives (Substitutes and Complements), Price Erosion and Convoyed Sales Analysis
  Legal and economic perspectives on price erosion and lost convoyed sales; meeting the standards; lost profits when the patent is only part of the whole; new technologies in calculating lost profits
  Richard J. Gering, Ph.D.
Parente Randolph LLC / Philadelphia, PA
  Thomas C. Grimm, Esq.
Morris, Nichols, Arsht & Tunnell LLP / Wilmington, DE
3:15 pm Break
3:30 pm Reasonable Royalties: New Issues from Legal and Economic Perspectives
  Litigated royalty for a patent incorporated into a standard vs. the royalty for current licensees; arguments for market-based rates in university licensing; and the relevance of use of public money in development
  Brian L. Ferrall, Esq.
Keker & Van Nest LLP / San Francisco, CA
  Carla S. Mulhern, M.Sc., Managing Principal
Analysis Group, Inc. / Washington, DC
5:00 pm Reception for Faculty and Attendees Hosted by Woodcock Washburn, LLP, NERA Economic Consulting and Morris, Nichols, Arsht & Tunnell LLP

Tuesday, October 31, 2006

8:00 am Registration & Continental Breakfast
8:30 am Creative Damage Theories
  Courts' perspectives on successful and unsuccessful creative damage theories
  David Haas, M.S., M.B.A.
CRA International / Chicago, IL
  Effective uses of survey methods to determine damages
  Christine Meyer, Ph.D., Vice President
NERA Economic Consulting / White Plains, NY
  More creative damage theories; different methods; how to use them, what are the pitfalls?
  Daniel J. Slottje, Ph.D.
FTI / Dallas, TX
10:15 am Break
10:30 am Industry Perspectives on Patent Damages Including the Damages Component of Settlement Negotiations
  General similarities and differences; spotting antitrust issues; strategies for parties manufacturing products vs. parties that merely hold patents
  Alexander I. Poltorak, Ph.D., Moderator, Founder & CEO
General Patent Corporation International / Suffern, NY
  Robert A. Gutkin, Esq.
Sutherland Asbill & Brennan LLP / Washington, DC
  David P. Ruschke, Esq., Senior Patent Counsel
Medtronic, Inc. / Minneapolis, MN
  Henrik D. Parker, Esq.
Woodcock Washburn LLP / Philadelphia, PA
12:00 pm Lunch (on your own)
1:15 pm Trial Graphics: Effective Demonstrations for Patent Damages
  G. Christopher Ritter, Esq.
The Focal Point LLC / Oakland, CA
2:15 pm Break
2:30 pm Putting It All Together: Mock Closing Arguments in a Hypothetical Case Involving the Issues Discussed Earlier in the Program
  Presiding neutral
  The Hon. Diane Welsh, (ret.)
JAMS / Philadelphia, PA
  Plantiff's counsel
  Martin G. Belisario, Esq.
Akin Gump Strauss Hauer & Feld LLP / Philadelphia, PA
  Jason A. Snyderman, Esq.
Akin Gump Strauss Hauer & Feld LLP / Philadelphia, PA
  Defendant's counsel
  Dianne B. Elderkin, Esq.
Woodcock Washburn, LLP / Philadelphia, PA
4:00 pm Adjourn and Evaluations

Tuition

Regular tuition for this program is $995 with a group rate of $895 each for two or more registrants from the same firm. For government employees, we offer a special rate of $795. For students and people in their job for less than a year, our rate is $497.50. All rates include admission to all seminar sessions, food and beverages at breaks, and all course materials. Make checks payable to Law Seminars International.

Cancellation & Substitution

You may substitute another person at any time. We will refund tuition, less a $50 cancellation fee, if we receive your cancellation by 5:00 p.m. on Tuesday, October 24, 2006. After that time, we will credit your tuition toward attendance at another program or the purchase of a homestudy. There is a $25 cancellation fee for Course Materials orders and $50 for Homestudy orders.

Continuing Education Credits

This program qualifies for 12 PA CLE credits. Upon request, we will apply for CLE credits in other states and other types of credits.

Location

The conference will be held at the Club Quarters Hotel at 1628 Chestnut Street in Philadelphia, PA 19103. Call the hotel directly at (215) 282-5010 for reservations at the special negotiated rate of $126.00 per night and mention that you are attending a Law Seminars International conference and the Event Code DAV102. Rooms are on a first come, first served basis.

If You Cannot Attend

Our complete Homestudy Course, consisting of a VHS or DVD recording and the written course materials, is available for $1005. The written 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 (whichever is later).
Order Homestudy

Faculty Bios

John H. Johnson, IV, Ph.D., Program Co-Chair, Vice President at NERA Economic Consulting, specializes in the economics of antitrust, intellectual property, and labor. His specific expertise is in damages estimation and the use of econometric methods in commercial litigation. He has extensive experience with Section I Sherman Act matters, including criminal and civil cartel and price fixing cases.

Lynn A. Malinoski, Program Co-Chair, partner at Woodcock Washburn, LLP, is vice-chair of the Litigation Practice Group and has worked in a broad range of technological fields. In addition, she was the 2004-2005 President of the Philadelphia Intellectual Property Law Association. She is also a board member for the Historical Society for the Eastern District of Pennsylvania.

Rodger D. Smith, Program Co-Chair, partner at Morris, Nichols, Arsht & Tunnell LLP, is a member of the firm's Intellectual Property Litigation Group. He has litigated patent infringement cases involving a wide range of technologies, as well as other complex commercial issues.

Alexander I. Poltorak, Ph.D., Moderator, is the Founder, Chairman and CEO of General Patent Corporation, an IP management company focusing on IP strategy and valuation, patent licensing and assertion. He is also a managing director of IP Holdings LLC, an IP-centric merchant banking organization. He has co-written two books and numerous articles on topics in IP, patent law, licensing and economics.

Martin G. Belisario, partner at Akin Gump Strauss Hauer & Feld LLP, is head of their patent prosecution group. He practices intellectual property and technology law, including representation before the U.S. Patent and Trademark Office and foreign patent offices, technology licensing, counseling and litigation. He focuses primarily on the mechanical arts, including transmissions, HVAC systems, small appliances and medical devices.

Jesse David, Ph.D., Vice President at NERA Economic Consulting, specializes in competition analysis and business/asset valuation. Dr. David has provided expert testimony in a variety of types of litigation, including patent infringement cases, claims for false advertising, and regulatory disputes.

Dianne B. Elderkin, partner in Woodcock Washburn, LLP's Litigation Practice Group, focuses on trying patent infringement cases and counseling clients on patentability and freedom to operate issues. Her practice involves a wide range of technologies in the medical and commercial fields. She has argued appeals to the Federal Circuit Court of Appeals.

Brian L. Ferrall, partner at Keker & Van Nest LLP, focuses on intellectual property and complex business litigation including unfair business practices and consumer class actions.

Richard J. Gering, Ph.D., Principal at Parente Randolph LLC, provides economic, statistical and financial consulting services to attorneys, insurance companies and corporate clients. He specializes in providing expert witness assistance in the calculation of damages, econometric model building, forecasting, market studies, profitability analysis, and product pricing studies.
Full bio and contact info for Richard J. Gering at Parente Randolph LLC

Thomas C. Grimm, member of Morris, Nichols, Arsht & Tunnell LLP, practices with the Corporate Business and Intellectual Property Litigation Group. He concentrates on intellectual property and general business litigation.

Robert A. Gutkin, partner at Sutherland Asbill & Brennan LLP, has substantial experience representing clients in complex civil litigation, with a particular emphasis on protecting client's rights in intellectual property matters. He has tried cases in state and federal courts before judges and juries, and participated in all aspects of alternative dispute resolution, including arbitrations and mediations.

David Haas, Vice President of CRA International, manages commercial litigation and valuation assignments involving intellectual property rights and other business issues. He has testified in federal courts on lost profits, reasonable royalties, unjust enrichment, company value, data compensation and pricing harm.

Roberta Jacobs-Meadway, partner at Ballard Spahr Ingersoll & Andrews, LLP, practices with the Intellectual Property, Franchise and Distribution, Biotechnology/Life Sciences, Technology and Emerging Companies, and International Groups. She focuses on trademarks, trade dress and unfair competition issues and includes litigation in federal courts and before the Trademark Trial and Appeal Board.

Gregory J. Lavorgna is a partner and Head of the Intellectual Property Practice Group at Drinker Biddle & Reath LLP, and assists clients in protecting, enforcing and capitalizing on intellectual property assets. He advises clients on the array of patent, trademark, copyright, trade secrets and licensing issues.

Christine Meyer, Ph.D., Vice President at NERA Economic Consulting, conducts economic research and analysis, and has served as an expert witness, related to damages stemming from patent infringement, theft of trade secrets, breaches of contract and antitrust violations.

Carla S. Mulhern, M.Sc., Managing Principal of Analysis Group, Inc., specializes in the application of economic principles to issues arising in complex business litigation. She is an expert witness in commercial litigation matters, including intellectual property and breach of contract cases.

Henrik D. Parker, partner at Woodcock Washburn LLP, is part of the firm's General Counsel and relishes every aspect of litigation. He uses his background as a project engineer towards writing legal analysis and oral advocacy to bring quality results for his clients.

G. Christopher Ritter, partner at The Focal Point LLC, specializes in helping clients develop persuasive case theories toward the creation of graphics and other tools that impact and influence decision makers. He wrote "Creating Winning Trial Strategies and Graphics" and is co-author of "Packaging and Presenting Your Case to Win."
Full bio and contact info for G. Christopher Ritter at The Focal Point LLC

David P. Ruschke supports Medtronic, Inc.'s Corporate Science and Technology division by providing services and counseling on all matters related to intellectual property, including patent prosecution and enforcement, due diligence, mergers and acquisitions, licensing, third-party agreements, opinions, copyrights, and trademarks.

Lynn E. Rzonca, partner at Ballard Spahr Andrews & Ingersoll LLP, practices in the Litigation Department and is a member of the Intellectual Property Group. She specializes in intellectual property counseling and litigation on a wide range of issues including Internet issues.

Thomas J. Scott, Jr., partner at Hunton & Williams LLP. focuses on intellectual property including patent prosecution, litigation and licensing, appellate practice (especially before the federal circuit), information technologies and antitrust. He is Co-Head of Hunton & Williams' Intellectual Property Practice Group.

Daniel J. Slottje, Ph.D., Senior Managing Director in FTI's Forensic and Litigation Consulting Practice, is experienced with litigation consulting in intellectual property matters, including patent infringement, copyrights, trademarks and trade secrets. Dr. Slottje is a professor of economics at Southern Methodist University.

Jason A. Snyderman, Counsel at Akin Gump Strauss & Feld LLP, represents clients in complex commercial and intellectual property litigation.

The Hon. Diane M. Welsh (ret.) joined JAMS following 12 years as a U.S. Magistrate Judge during which time she conducted nearly 1800 settlement conferences in virtually every area of civil litigation.

Firm Links

Parente Randolph LLC
The Focal Point LLC