Broadcast Date: Wednesday, January 26, 2022
from 12:00 pm to 1:30 pm (ET)
Overview:
With the ever-changing regulatory trends involving patent infringement, lawyers should be competent in furnishing a sound damage analysis to mitigate risks and effectively respond to damage discovery. Reasonable royalties are by far the most common form of damages awarded among the primary remedies available in patent infringement cases. However, the implications of MLC International v. Micron Technology have left questions among patent litigators, particularly on the required disclosure of a royalty rate during fact discovery.
Listen as a panel of distinguished professionals organized by The Knowledge Group provide a comprehensive discussion of the recent developments and legal issues surrounding patent infringement cases. Speakers, among other things, will discuss the role of patent litigators and economic experts in framing out and filling in a survivable damages analysis, including:
- An overview of patent infringement damages, including reasonable royalty damages, and the implications of MLC International v. Micron Technology
- Discussion of the application of MLC in the district courts
- The roles of counsel and experts in furnishing the materials for a sound damages analysis and the perils of failing to take and respond to damages discovery
- The timing of discovery efforts directed to damages
- The use of summary judgment and motions in limine to weed out unsound damages analyses and keys to survival when defending against such claims
Learning Objectives:
- Identify the recent developments in patent infringement damages and the impact of MLC International v. Micron Technology
- Recognize the role of counsel and experts in building a sound damages analysis
- Identify the proper use of summary judgment and limine motions in patent litigation and practical tips to defend against such claims
Credit:
Course Level:
Intermediate
Advance Preparation:
Print and review course materials
Method of Presentation:
On-demand Webcast (CLE); Group-Internet Based
Prerequisite:
General knowledge of patent law
Course Code:
149853
NY Category of CLE Credit:
Skills
NASBA Field of Study:
Business Law – Technical
Total Credits:
1.5 CLE
1.5 CPE (Not eligible for QAS (On-demand) CPE credit)
How to Claim CLE Credits Per State:
https://knowledgewebcasts.com/how-to-claim-cle-credits-per-state/
CLE State Requirements:
https://knowledgewebcasts.com/cle-state-requirements/
CPE State Requirements:
Speaker Panel:
Krishnan Ramadas, Director
Berkeley Research Group LLC
Mr. Krishnan Ramadas is a Certified Management Accountant with over 15 years of experience in the areas of financial/economic analyses in complex business disputes. He is a damages expert with significant expertise in evaluating lost profits, reasonable royalties, unjust enrichment, and price erosion, among other forms of damages, in both a litigation setting and on a consulting capacity. His primary focus areas include intellectual property and commercial damages matters.
Joel Wacek, Principal
Hoffman Alvary & Company LLC
Joel Wacek serves as a Principal at Hoffman Alvary and is an expert in providing financial and economic analyses in intellectual property infringement matters, commercial disputes, licensing campaigns, and matters before the International Trade Commission. A particular focus of Mr. Wacek’s practice involves continually monitoring the developing changes in intellectual property damages case law to inform his damages analyses. Mr. Wacek holds an M.B.A. and a Masters of Science in Finance from the Carroll School of Management at Boston College, and a B.A. in both Economics and History from Boston College. Mr. Wacek is a Certified Licensing Professional, and was named in the 2019, 2020, 2021, and 2022 editions of the IAM Strategy 300 – The World’s Leading IP Strategists.
Philip L. Hirschhorn, Partner
Panitch Schwarze Belisario & Nadel LLP
Philip L. Hirschhorn is a patent litigator and trial lawyer. Phil’s extensive experience, spanning more than 30 years, includes bench trials, jury trials, and arbitrations. He has represented clients in traditional infringement/validity litigations as well as Hatch-Waxman (Paragraph IV) litigations. In addition to his patent litigation experience, Phil counsels clients on the interplay between the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB) and district court actions. He has extensive PTAB litigation experience, having assisted both patent owners and petitioners.
Agenda:
Krishnan Ramadas, Director
Berkeley Research Group LLC
Joel Wacek, Principal
Hoffman Alvary & Company LLCÂ Â Â Â
Philip L. Hirschhorn, Partner
Panitch Schwarze Belisario & Nadel LLP
The panelists will discuss the role of patent litigators and economic experts in framing out and filling in a survivable damages analysis, including:
- An overview of patent infringement damages, including reasonable royalty damages, and the implications of MLC International v. Micron Technology
- Discussion of the application of MLC in the district courts
- The roles of counsel and experts in furnishing the materials for a sound damages analysis and the perils of failing to take and respond to damages discovery
- The timing of discovery efforts directed to damages
- The use of summary judgment and motions in limine to weed out unsound damages analyses and keys to survival when defending against such claims
Date & Time:
Wednesday, January 26, 2022
12:00 pm to 1:30 pm (ET)
Who Should Attend:
- Patent Litigators/Lawyers
- Intellectual Property Lawyers
- Patent Managers and Consultants
- Patent Prosecutors
- Intellectual Property Consultants and Experts
- General Counsel
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