Broadcast Date: Wednesday, August 11, 2021
from 12:00 pm to 1:00 pm (ET)

Overview:

Calculating patent damages is no small feat. Foremost, practitioners need to establish a credible calculation that aligns with the circumstances surrounding a case. At the same time, this calculation should be clear in a way that triers of fact can understand and accept. Adding to the complexity are emerging litigation issues that constantly mold and remold the procedure. Thus, it is crucial that practitioners utilize applicable damages calculation methodologies cautiously.

In this LIVE Webcast, IP damages experts Brent Bersin and Ida Shea of FTI Consulting will provide and present to the audience a comprehensive discussion of the recent trends and developments in damages calculation this 2021. Speakers will offer effective tactics and the best practices every practitioner should know and implement.

Key topics include:

  • 2020 Year in Review
  • General Case Considerations
  • Reasonable Royalties
  • Relevant Legal Authorities/Case Law

Learning Objective:

  • Identify the best practices in calculating patent damages, in light of recent litigation trends

Credit:

Advance Preparation:

Print and review course materials

 

Method of Presentation:

On-Demand Webcast

 

Course Code:

149115

 

NY Category of CLE Credit:

Areas of Professional Practice

 

NASBA Field of Study:

Accounting – Technical

 

Total Credit:

1.0 CLE

1.0 CPE (Not eligible for On-demand credit)

Speaker Panel:

Brent K. Bersin, Senior Managing Director
FTI Consulting

Brent Bersin is a Senior Managing Director at FTI Consulting. He is a member of the Forensic & Litigation Consulting Segment and is based in Houston. For more than 25 years, Brent Bersin’s practice has focused on providing financial and economic consulting, damages quantification, valuation, and expert witness services to clients in the context of intellectual property and commercial disputes. He has significant intellectual property experience, which includes market assessments, valuation, licensing, and the calculation of reasonable royalty, lost profits, unjust enrichment and price erosion damages in matters involving unauthorized use of trade secrets, trademarks, trade dress, patents, and copyrights.

He has also assisted attorneys, investors, management and other stakeholders in assessing the value of early- and latter-stage technologies, patents, and intellectual property portfolios for various purposes including taxable transfers, sales transactions, licensing, intercompany transfers and collateral for financing transactions.

Brent also possesses substantial experience providing economic analysis and expert testimony in complex commercial disputes, which have included issues of lost profits, breach of contract, valuation, breach of fiduciary duty, unfair competition, lost business value, tortious interference, fraud, alter ego, post-acquisition and purchase price disputes, “ability to pay” disputes, and business interruption.

Brent has been designated and testified as an expert witness in Federal Court, State Court, Bankruptcy Court, and arbitration matters. He has also presented and been published frequently on the topics of economic damages, and valuation, financial, and forensic accounting issues. He has a B.B.A. in Accounting from the Bauer School of Business, University of Houston. He is a Certified Public Accountant licensed in Texas and holds the credentials of Certified in Financial Forensics and Certified Licensing Professional.

Ida Shea, Managing Director
FTI Consulting

Ida Shea is a Managing Director at FTI Consulting. Ida Shea is a member of the Forensic & Litigation Consulting Segment and is based in San Francisco and Denver. Ida specializes in dispute consulting services and is experienced in performing damages analyses and providing litigation support in an array of dispute types. Ida has provided analysis related to accounting, finance, and economic issues in various matters, including intellectual property infringement, trade secret misappropriation, commercial damages investigations, insurance claims, construction disputes, and breach of contract. Ida has assisted in the preparation of expert reports and subsequent expert testimony in federal courts and in arbitration. Her experience spans many industries including computer software and hardware, banking, construction, energy, retail, and manufacturing.

Ida has assessed and quantified patent, copyright and trademark infringement, and trade secret misappropriation damages on many occasions. Additionally, for patent and trade secret matters, she has performed analyses of irreparable harm in the context of requests for injunctive relief through preliminary and permanent injunctions. Ida has performed market and competitive studies, financial analyses, and technology valuations. She has assessed lost profits damages stemming from alleged infringements, evaluated the contribution of the patented process or method to the end product, and identified and reviewed comparable license agreements. She is skilled in the application of the Georgia‐Pacific factors and other case law to the determination of infringement damages and has reviewed hundreds of license agreements in diverse industries. Her experience in calculating damages from the misappropriation of varied trade secrets includes misappropriated confidential methods, processes, and commercial information. In the context of disputes, she has performed numerous reasonable royalty and lost profit calculations and valued technology across many industries.

Ida received an M.B.A. with a specialization in corporate finance and investment banking from the University of Wisconsin, Madison and an undergraduate degree in finance and international business from Georgetown University.

Agenda:

Brent K. Bersin, Senior Managing Director

FTI Consulting

AND

Ida Shea, Managing Director

FTI Consulting

    1. 2020 Year in Review
    2. General Case Considerations
    3. Reasonable Royalties
    4. Relevant Legal Authorities/Case Law

Date & Time:

Wednesday, August 11, 2021

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

Who Should Attend:

  • Intellectual Property Lawyers and Consultants
  • Heads of Intellectual Property
  • Patent Lawyers and Consultants
  • In-House Counsel
  • Forensic Accountants
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SPEAKERS

Brent K. BersinSenior Managing Director
FTI Consulting
Ida SheaManaging Director
FTI Consulting

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