Law Seminars International Presents: A Comprehensive Two-Day Conference on

Calculating & Proving Patent Damages
Beyond the usual courses of action for pursuit and defense in a patent infringement case

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(For this past program, we offer two options for purchase: a Homestudy (DVD and written materials) or written materials alone.)

February 26 & 27, 2007
The Hotel Monaco in San Francisco, CA

Who Should Order This Homestudy

Attorneys and business executives involved with patent transactions and patent litigation

Why Order

Real world economic analysis is becoming very important in 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.

Using a trial scenario, this conference will give an in-depth look at the techniques used by successful trial lawyers and damages experts in this new environment to determine whether damages include lost profits and, if so, 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.

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: Alan J. Cox, Ph.D., and Daralyn J. Durie, Esq.

What You Will Learn

Agenda

Monday, February 26, 2007

8:00 am

Registration and Continental Breakfast

 
8:30 am

Program Overview and Introduction To The Seminar's Mock Patent Infringement Case

Alan J. Cox, Ph.D., Program Co-Chair
NERA Economic Consulting / San Francisco, CA

Daralyn J. Durie, Esq., Program Co-Chair
Keker & Van Nest LLP / San Francisco, CA

 
8:45 am

Should You Sue or Just Settle?

The costs of litigating versus the benefits of licensing or taking a license; how strong is the patent compared to the defendant's position?

David J. Silbert, Esq.
Keker & Van Nest LLP / San Francisco, CA

 
9:15 am

Where to Sue?

Courts to avoid, and what you can do about it: Strategic impact of district and court variation in verdicts and damages

Michael R. O'Neill, Esq.
McDermott Will & Emery / Irvine, CA

 
9:45 am

The Process of Selecting and Working With the Damages Expert

What to look for in an expert and when to retain one; privilege waivers; monitoring drafts; use of consulting experts

Karen Vogel Weil, Esq.
Knobbe Martens Olson & Bear LLP / Los Angeles, CA

 
10:15 am

Break

 
10:30 am

What Is Needed To Prove Damages?

Identifying the financial and market data needed; effective use of interrogatories and 30 (b)(6) depositions; getting help from your expert

Barry S. Sussman, Managing Director
Huron Consulting Group / Boston, MA

 
11:15 am

Making Sense of It All: Turning Dismal Economics and Arcane Damages Into Persuasive Graphics

Creating the concepts

G. Christopher Ritter, Esq., Partner
The Focal Point LLC / Oakland, CA

Getting the picture: The legal perspective

Daralyn J. Durie, Esq., Program Co-Chair
Keker & Van Nest LLP / San Francisco, CA

 
12:15 pm

Lunch (on your own)

 
1:30 pm

Current Issues in Lost Profits

Economic issues in determining if there are lost profits

Christian Dippon, Vice President
NERA Economic Consulting / San Francisco, CA

Legal perspective

Edward R. Reines, Esq.
Weil, Gotshal & Manges LLP / Redwood Shores, CA

 
2:30 pm

Break

 
2:45 pm

Direct and Cross-Examination of Plaintiff's and Defendant's Experts on Lost Profits in Mock Case

Moderator

Daralyn J. Durie, Esq., Program Co-Chair, Moderator
Keker & Van Nest LLP / San Francisco, CA

Plantiff's expert

Alan J. Cox, Ph.D., Program Co-Chair
NERA Economic Consulting / San Francisco, CA

Plantiff's counsel

Henry C. Bunsow, Esq.
Howrey LLP / San Francisco, CA

Defendant's expert

Jeffrey H. Kinrich, CPA, ABV, Managing Principal
Analysis Group / Los Angeles, CA

Defendant's counsel

Darin Snyder, Esq.
O'Melveny & Myers LLP / San Francisco, CA

 
4:15 pm

Estimating Damages With Limited Data? Conduct a Survey!

Where accounting data can fall short; how surveys can clarify lost profits analysis; courts' reliance on survey results

Vandy M. Howell, Ph.D., Vice President
Cornerstone Research / San Francisco, CA

Where accounting data can fall short; how surveys can clarify lost profits analysis; courts reliance on survey results

Andrew E. Monach, Esq.
Morrison & Foerster LLP / San Francisco, CA

 
5:15 pm

Reception for Faculty and Attendees Sponsored by Keker & Van Nest LLP and NERA Economic Consulting

 

Tuesday, February 27, 2007

8:00 am

Registration and Continental Breakfast

 
8:30 am

Recap: Where We Are In the Program and With The Case

Alan J. Cox, Ph.D., Program Co-Chair
NERA Economic Consulting / San Francisco, CA

Daralyn J. Durie, Esq., Program Co-Chair
Keker & Van Nest LLP / San Francisco, CA

 
8:45 am

Current Issues in Reasonable Royalties

RAND obligations; setting the date of the hypothetical negotiation; reasonable royalties and the law of contracts

George M. Newcombe, Esq.
Simpson Thacher & Bartlett LLP / Palo Alto, CA

 
9:30 am

The Use and Abuse of Daubert Motions on Damages Experts: Lessons from Recent Cases

The overuse of Daubert motions

Gregory K. Leonard, Ph.D., Vice President
NERA Economic Consulting / San Francisco, CA

What analysis should or should not be permissible?

Matthew I. Kreeger, Esq.
Morrison & Foerster LLP / San Francisco, CA

 
10:30 am

Break

 
10:45 am

Direct and Cross-Examination of Plaintiff’s and Defendant’s Experts on Reasonable Royalties in Mock Case

Moderator

Alan J. Cox, Ph.D., Program Co-Chair, Moderator
NERA Economic Consulting / San Francisco, CA

Plantiff's expert

Kenneth Serwin, Ph.D., Vice President
NERA Economic Consulting / San Francisco, CA

Plantiff's counsel

Robert T. Haslam, Esq.
Heller Ehrman LLP / Menlo Park, CA

Defendant's expert

Doug Kidder, Principal
LECG, LLC / Emeryville, CA

Defendant's counsel

Daralyn J. Durie, Esq., Program Co-Chair
Keker & Van Nest LLP / San Francisco, CA

 
12:15 pm

Lunch (on your own)

 
1:30 pm

Special Address: Royalty Stacking

Learn what happens when literally thousands of patents cover a single technology; find out why licensing negotiations may not be reliable evidence of a reasonable royalty; see how courts have dealt with the problem on royalty stacking

Mark A Lemley, Esq., Professor
Stanford Law School / Stanford, CA

 
2:15 pm

Closing Arguments: What Do You Do After Direct and Cross Examination Has Muddied the Waters?

Closing arguments for the plaintiff

Alexander L. Brainerd, Esq.
Heller Ehrman LLP / San Francisco, CA

Closing arguments for the defense

Robert E. Freitas, Esq.
Orrick Herrington & Sutcliffe LLP / Menlo Park, CA

 
3:15 pm

Break

 
3:30 pm

The Motion for Permanent Injunction

The post-eBay record on injunctions

Vernon Michael Winters, Esq.
Weil Gotshal & Manges LLP / Redwood Shores, CA

Implementing the four-factor test in requests for injunctive relief

Christian Tregillis, Managing Director
Kroll / Los Angeles, CA

 
4:30 pm

Evaluations & Adjourn

 

Cancellation

There is a $25 cancellation fee for Course Materials orders and $50 for Homestudy orders

Continuing Education Credits

Law Seminars International is a State Bar of California approved MCLE provider. This program qualifies for 13.25 California MCLE credits. Upon request, we will apply for CLE credits in other states and other types of credits.

Cost

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

Alan J. Cox, Program Co-Chair, is a Senior Vice President at NERA Economic Consulting. Dr. Cox has extensive experience in testifying on patent damages in the semiconductor, biotechnology, software health care, and other industries. Previously, he was a visiting economist at Massachusetts Institute of Technology's Energy Laboratory.

Daralyn J. Durie, Program Co-Chair, partner with Keker & Van Nest LLP, is listed in Chambers & Partners as one of the top intellectual property lawyers in California, and was selected by the Daily Journal as one of the top 75 women litigators in the state.

Mark A. Lemley, Special Address, is the William H. Neukom Professor of Law at Stanford Law School, Director of the Stanford Program in Law, Science & Technology, and the Director of Stanford's LLM Program in Law, Science and Technology. He teaches intellectual property, computer and internet law, patent law, and antitrust.

Alexander L. Brainerd, shareholder at Heller Ehrman LLP, focuses his practice in civil trial work with a major emphasis on intellectual property litigation. He has acted as lead counsel in numerous patent infringement lawsuits, several significant trade secret cases and a broad range of commercial disputes.

Henry C. Bunsow, managing partner of Howrey LLP's Northern California offices, specializes in intellectual property and patent litigation. He successfully argues appeals before the Court of Appeals for the Federal Circuit and was recently named one of the top patent attorneys in California.

Christian Dippon is Vice President in NERA Economic Consulting's Communications and Intellectual Property Practices. In intellectual property and commercial matters, he advises international clients on calculating economic damages in cases of IP infringement, allegations of breach of contract, fraud, misrepresentation and other commercial damages claims.
Full bio and contact info for Christian Dippon at NERA Economic Consulting

Robert E. Freitas, a Silicon Valley intellectual property and litigation partner with Orrick Herrington & Sutcliffe LLP, focuses his practice on intellectual property litigation, antitrust law, insurance coverage claims and litigation, and complex litigation for technology companies

Robert T. Haslam, shareholder, Heller Ehrman LLP, concentrates his practice in the areas of intellectual property and technology-based litigation. The Daily Journal called him one of the "brain trusts of 25 lawyers who comprise the best and the brightest" in California.

Vandy M. Howell, Vice President, Cornerstone Research, concentrates her practice on antitrust, intellectual property, and breach of contract matters. She has consulted on multiple cases requiring analyses of complex data and original survey work. She previously conducted economic and policy analyses at the Federal Reserve Board and the Department of Labor.

Doug Kidder, Principal, LECG, LLC, specializes in the valuation of intellectual property with a particular focus on software and information technology. He previously was Vice President of Business Development for Walt Disney Imagineering, Vice President of Operations for Kenamea and Director of Distribution and Information Systems for Valspar.

Jeffrey H. Kinrich, is a CPA and Managing Principal at the Analysis Group. His areas of expertise are intellectual property, commercial damages, accounting, finance, valuation and statistics. He has testified in federal and state courts and other dispute resolution forums involving a broad range of litigation areas.

Matthew I. Kreeger is a partner with Morrison & Foerster LLP where he has focused on patent litigation and interference matters, along with other intellectual property disputes, and complex litigation.

Gregory K. Leonard is a Vice President at NERA Economic Consulting, where he applies economic and econometric expertise to issues arising in antitrust and intellectual property cases. Dr. Leonard has published widely in academic economics journals.

Andrew E. Monach, partner, Morrison & Foerster LLP, has a trial and arbitration practice with special emphasis on intellectual property and other commercial disputes involving high-technology clients. His patent litigation practice includes software, telecommunications, biotechnology, chemical, semiconductor processing, and medical device cases.

George M. Newcombe, partner, Simpson Thacher & Bartlett LLP, focuses his practice on litigation, intellectual property, product liability and mass tort, and securities shareholder litigation.

Michael R. O'Neill, partner, McDermott, Will & Emery LLP, is a member of the Intellectual Property, Media & Technology Department, where his practice focuses primarily on intellectual property and business litigation and related counseling. He is was named as a Southern California Rising Star by Los Angeles Magazine and the Southern California Super Lawyers - Rising Stars Edition.

Edward R. Reines, partner in Weil, Gotshall & Manges LLP's Technology Litigation practice, is experienced in complex patent cases, and has testified before Congress repeatedly on patent issues. He is President-Elect of the Bar Association of the Federal Court of Appeals and serves on its Board of Governors.

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 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

Kenneth Serwin, Vice President at NERA Economic Consulting, is a testifying expert and consulting economist who specializes in the valuation of intellectual property and the determination of commercial economic damages in intellectual property and securities matters.
Full bio and contact info for Kenneth Serwin at NERA Economic Consulting

Kenneth Serwin, Vice President at NERA Economic Consulting, is a testifying expert and consulting economist who specializes in the valuation of intellectual property and the determination of commercial economic damages in intellectual property and securities matters.
Full bio and contact info for Kenneth Serwin at NERA Economic Consulting

David J. Silbert, partner, Keker & Van Nest LLP, represents corporations and individuals in complex litigation. Representative cases include defending an Internet search-engine company in a nationwide class action and defending a large cable-television company against claims that it infringes four patents.

Darin Snyder is head of O'Melveny & Myers LLP's San Francisco office, the IP and Technology Department, and Chair of the firm-wide Patent and Technology Litigation Practice Group. His practice consists of major civil and criminal litigation with an emphasis on IP and technology-intensive business sectors.

Christian Tregillis is Managing Director in Kroll's Los Angeles office and the national leader of their Intellectual Property Service practice. He develops economic and financial analyses and valuations, accounting investigations and analyses of economic damages in commercial litigation.

Karen Vogel Weil, partner at Knobbe Martens Olson & Bear LLP, is experienced in all aspects of intellectual property litigation including representing plaintiffs and defendants in patent, trademark, copyright and trade secret disputes.
Full bio and contact info for Karen Vogel Weil at Knobbe Martens Olson & Bear LLP

Vernon M. Winters, a partner and trial lawyer in Weil Gotshal & Manges LLP's Global Patent Litigation practice, specializes in patent and licensing cases including computer software; DNA sequence extraction methods and devices; gene expression; human embryonic stem cells; polymerase chain reaction methods; solid-state gyroscopes; and turnable lasers.

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