Calculating Damages From Patent Infringement
Calculating Damages Resulting From Patent Infringement
About the Course:
Patent assertion is a high stakes game. When tens or hundreds of millions of dollars are at stake, you must make the most powerful argument possible in seeking patent damages. In addition to discussing a host of creative damages theories, this course will review basic tenets of patent infringement such as:
o Reasonable Royalties
o Lost Profits
o Price Erosion
o Entire Market Value Rule
o Apportionment
o Accelerated Market Re-Entry
o Market Spoilage
o The Georgia-Pacific Factors
o The 25% Rule
o Cost of Next Best Alternatives
o Running Royalties vs. Upfront Payments
o Milestone Payments
o Cost of Designing Around
o Compulsory Licenses
o Anti-Trust Issues
This course will also discuss relevant court ruling such as:
o Panduit v. Stahlin Bros. Fibre Works
o State Industries v. Mor-Flo Industries
o eBay v. MercExchange
o Uniloc v Microsoft
o Grain Processing v. American Maize Products
o i4i v. Microsoft
o Function Media v. Google
o Mars v. Coin Acceptors
o Lucent Technologies v. Gateway
o Cornell University v. Hewlett-Packard
About the Instructors:
Eric E. Bensen is a coauthor of Milgrim on Trade Secrets (Matthew Bender) and Milgrim on Licensing (Matthew Bender), two leading intellectual property treatises, and Bensen & Myers on Litigation Management (LexisNexis 2009), and advises clients on complex intellectual property and litigation management issues. He has authored or co-authored a number of articles on patent damages, including, Eric E. Bensen & Danielle M. White, Using Apportionment to Rein in the Georgia-Pacific Factors, 9 Columbia Sci. & Tech. L. Rev. 1 (Fall 2007), and Eric E. Bensen, Apportionment of Lost Profits in Contemporary Patent Damages Cases, 10 Va. J.L. & Tech 8 (2005).
David Wanetick, Managing Director, IncreMental Advantage, LLC--a valuation firm with an expertise in valuing intangible assets and emerging technologies--based in Princeton, NJ. Representatives from more than 850 Fortune 1000 companies have participated in programs produced by IncreMental Advantage. David is the author of three books that have achieved world-wide acclaim, including the only two books that unveil Industry Analysis. He has been a guest on CNBC, Bloomberg and CNNfn and has been quoted in the Wall Street Journal, Barrons, Investor’s Business Daily, Boards & Directors, and many other newspapers, blogs and magazines throughout the United States. His articles on Valuing Patents and Early-Stage Technologies and Negotiating Licensing Agreements have been published in Intellectual Asset Management, CEO Magazine, IP Litigator, Licensing Journal, Willamette Insights, Valuation Examiner, Valuation Strategies, IP Frontline, les Nouvelles, Private Equity Manager, Research and Development Magazine, Patent World, Technology Transfer Tactics, Inventor's Digest, The Canadian Institute of Chartered Business Valuators, and others. He speaks about issues of Financial Modeling, Negotiations, Business Valuation and IP Valuation before many organizations and corporations. He has lectured all over the United States, Canada, the United Kingdom, the Netherlands, Belgium, Germany, Singapore, Kuwait, Malaysia, Hong Kong, India and Israel.
Mr. Wanetick will run the on-site courses.
Course Length: Approx. 3.5 hours