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Overview:

Several common measurements and general methodologies are currently being used to calculate infringement damages in intellectual property (IP) lawsuits. To determine the most applicable ones, practitioners need to consider key facts and circumstances of a particular dispute.

However, with the changing litigation climate, damages calculation becomes more complex and vulnerable to a myriad of risks. Thus, financial experts and counsel should keep up with the emerging regulatory developments and court rulings in this field of law to be able to ascertain the best calculation tools and techniques.

In a LIVE Webcast, IP experts Cleve B. Tyler, PhD (Berkeley Research Group, LLC) and Christopher L. Schulte (Ankura Consulting Group, LLC) will present a comprehensive discussion of the current and emerging trends and issues in IP damages calculation. Speakers will also share effective techniques and best practices to mitigate risks in calculating damages figures in 2021.

Key topics include:

  • IP Damages Calculation: Recent Trends and Developments
  • Notable Court Rulings
  • Approaches in Determining IP Damages
  • IP Damages Calculation Tools and Techniques
  • Mitigating Calculation Pitfalls
  • Effective Techniques and Best Practices
  • What Lies Ahead

Credit:

Course Level:

Intermediate

 

Advance Preparation:

Print and review course materials

 

Method of Presentation:

On-demand Webcast (CLE)

 

Prerequisite:

General knowledge of intellectual property law

 

Course Code:

149029

 

NY Category of CLE Credit:

Areas of Professional Practice

 

Total Credits:

1.0 CLE

Speaker Panel:

Cleve B. Tyler, PhD, Managing Director
Berkeley Research Group, LLC

Cleve B. Tyler, PhD, is a managing director at Berkeley Research Group, LLC who specializes in applying economic analyses to antitrust, intellectual property, and damages issues. An economic consultant with more than twenty years of experience, Dr. Tyler also teaches, writes, and speaks about competition and intellectual property topics. He has testified at deposition and trial in federal court, in state court, and at arbitration and have analyzed economic and damages issues across many industries. Dr. Tyler is an adjunct professor of economics in Johns Hopkins University’s applied economics program, teaching graduate-level courses in industrial organization and microeconomics.  He is an author of the book Assets and Finance: Calculating Intellectual Property Damages, published by Thomson-Reuters, and authored a chapter on expert testimony admissibility in prior versions of this book (annually 2010-2020).

Christopher L. Schulte, Managing Director
Ankura Consulting Group, LLC

Chris Schulte is a Managing Director in the Disputes & Economics Practice of the Ankura Consulting Group. Chris has focused on financial issues pertaining to intellectual property since 2003, and his practice concentrates on the valuation and licensing of IP and the determination of economic damages in IP litigation. Chris has also provided analytical, strategic, and corporate finance support to clients engaged in IP licensing negotiations, patent portfolio sales and acquisitions, and other business transactions. These engagements have included the provision of strategic guidance, direct support of ongoing negotiations, and the design and formation of IP-licensing businesses. Chris has also published articles and instructed courses about IP licensing, valuation, opportunity assessment, and damages issues.

Agenda:

SEGMENT 1:

Christopher L. SchulteManaging Director

Ankura Consulting Group, LLC

  • Quick reference to Section 284
  • Summary of valuation approaches underlying damages analyses – Brief summary / refresher regarding the Cost, Market, and Income Approaches
  • Recent case law regarding classic valuation approaches - Several recent cases have provided additional guidance regarding the admissibility of damages analyses based on “classic” valuation approaches (i.e., Cost, Market, Income Approaches).  Our experts will introduce and discuss recent cases with the aim of ensuring that the audience is aware of – and able to plan for – the potential impact of this guidance.  Specific areas of focus will include the comparability of license agreements and potential refinements to cost approach analyses.

SEGMENT 2:

Cleve B. Tyler, PhDManaging Director

Berkeley Research Group, LLC

  • Income approach and use of regression analysis
  • Georgia-Pacific Factors and the hypothetical negotiation
  • Analysis for standard essential patents
  • Royalty base issues
  • Daubert and expert admissibility

 

Date & Time:

Wednesday, April 21, 2021

12:00 pm to 1:00 pm (ET)

Materials:

Download Course Materials

Who Should Attend:

  • Intellectual Property Lawyers and Consultants
  • Heads of Intellectual Property
  • Patent Lawyers and Consultants
  • Corporate Lawyers
  • Forensic Accountants

SPEAKERS

Cleve B. Tyler, PhDManaging Director
Berkeley Research Group, LLC
Christopher L. SchulteManaging Director
Ankura Consulting Group, LLC

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