The Innovation Firm

When

January 29, 2014

Where

Seaport Hotel
1 Seaport Lane - Lighthouse Room 1
Boston, MA 02210

Patent Damages, the New "Economic Realism" and Early Case Assessments

On January 29, 2014, we held our event, Patent Damages, the New “Economic Realism” and Early Case Assessments, at the Seaport Hotel.

The Federal Circuit has steadily replaced old “rules of thumb” for damage calculations with a more economically realistic approach.  Learn about the present trends in damages and how that information can be put to use to understand the risks and ranges of damages, and how a candid damage assessment can help avoid litigation expenses and drive early case settlement.

This interactive seminar will feature two experienced patent trial lawyers and two economic experts, who each possess a deep understanding of economic theory and patent damage methodologies.  The panel discussed the current trends in the patent damages and provided insight into:

  • Reasonable Royalties: How apportionment and the “Entire Market Value Rule” apply in patent assertion entity (“PAE”) cases
  • Lost Profits: How to make a reliable early assessment of damages in Hatch-Waxman “early launch” cases
  • Tools: What specific tools are available to calculate a range of damages early in the cases
     

 

Presenters:

John DuPre

John DuPré
Principal
Hamilton Brook Smith Reynolds

Brian Moriarty

Brian Moriarty
Principal
Hamilton Brook Smith Reynolds

Guest Panelists:

Dr. Lisa Cameron
Dr. Lisa Cameron

Dr. Lisa Cameron, a Principal at The Brattle Group, has over 15 years of experience in providing economic analysis of intellectual property issues. In patent infringement cases, she has prepared testimony on reasonable royalties and lost profits for clients in industries ranging from software to consumer products to pharmaceuticals and medical devices. She has also testified on competition and investment issues in a number of regulatory proceedings. Dr. Cameron regularly publishes her work in leading practitioner and professional journals. Her recent papers on patent issues include, “The Role of Conjoint Surveys in Reasonable Royalty Cases” and “Preliminary Injunctions in Pharmaceutical Litigation: the Economics of Irreparable Harm.” Prior to joining Brattle, Dr. Cameron held senior positions at Cornerstone Research, Deloitte Financial Advisory Services, and Lexecon, Inc. Before becoming a consultant, Dr. Cameron was a professor of economics in Carnegie Mellon University’s Graduate School of Business, where she taught courses in microeconomic theory, regulation, and antitrust policy. Dr. Cameron received her Ph.D. in Economics from Stanford University and her B.Sc. in Applied Economics and Business from Cornell University.

Dr. Robert Vigil
Dr. Robert Vigil

Dr. Robert Vigil, Principal at Analysis Group, Inc., specializes in the application of economics and finance to complex commercial litigation matters. His work includes the estimation of damages and unjust enrichment in intellectual property and breach of contract cases; the evaluation of patented drug products' commercial success in connection with generic manufacturers’ Abbreviated New Drug Application submissions to obtain early market entry; and the analysis of issues related to the granting of permanent injunctions, such as irreparable harm and causal nexus. Dr. Vigil has also analyzed issues related to domestic industry, remedy, and bonding on cases before the International Trade Commission. He has served as an expert witness on litigation matters in a variety of industries, including pharmaceuticals, medical devices, consumer products, computer hardware and software, and electronics.

Dr. Vigil is a member of the American Economic Association and the Licensing Executives Society, and is a frequent speaker on issues related to intellectual property valuation and damages assessment. Dr. Vigil has a Ph.D. in Economics from the University of Maryland in Applied Microeconomics, Econometrics and a B.A. in Economics, Summa Cum Laude from Pepperdine University.

 

Overview

When

January 29, 2014

Where

Seaport Hotel
1 Seaport Lane - Lighthouse Room 1
Boston, MA 02210

On January 29, 2014, we held our event, Patent Damages, the New “Economic Realism” and Early Case Assessments, at the Seaport Hotel.

The Federal Circuit has steadily replaced old “rules of thumb” for damage calculations with a more economically realistic approach.  Learn about the present trends in damages and how that information can be put to use to understand the risks and ranges of damages, and how a candid damage assessment can help avoid litigation expenses and drive early case settlement.

This interactive seminar will feature two experienced patent trial lawyers and two economic experts, who each possess a deep understanding of economic theory and patent damage methodologies.  The panel discussed the current trends in the patent damages and provided insight into:

  • Reasonable Royalties: How apportionment and the “Entire Market Value Rule” apply in patent assertion entity (“PAE”) cases
  • Lost Profits: How to make a reliable early assessment of damages in Hatch-Waxman “early launch” cases
  • Tools: What specific tools are available to calculate a range of damages early in the cases
     

 

Presenter Bios

Presenters:

John DuPre

John DuPré
Principal
Hamilton Brook Smith Reynolds

Brian Moriarty

Brian Moriarty
Principal
Hamilton Brook Smith Reynolds

Guest Panelists:

Dr. Lisa Cameron
Dr. Lisa Cameron

Dr. Lisa Cameron, a Principal at The Brattle Group, has over 15 years of experience in providing economic analysis of intellectual property issues. In patent infringement cases, she has prepared testimony on reasonable royalties and lost profits for clients in industries ranging from software to consumer products to pharmaceuticals and medical devices. She has also testified on competition and investment issues in a number of regulatory proceedings. Dr. Cameron regularly publishes her work in leading practitioner and professional journals. Her recent papers on patent issues include, “The Role of Conjoint Surveys in Reasonable Royalty Cases” and “Preliminary Injunctions in Pharmaceutical Litigation: the Economics of Irreparable Harm.” Prior to joining Brattle, Dr. Cameron held senior positions at Cornerstone Research, Deloitte Financial Advisory Services, and Lexecon, Inc. Before becoming a consultant, Dr. Cameron was a professor of economics in Carnegie Mellon University’s Graduate School of Business, where she taught courses in microeconomic theory, regulation, and antitrust policy. Dr. Cameron received her Ph.D. in Economics from Stanford University and her B.Sc. in Applied Economics and Business from Cornell University.

Dr. Robert Vigil
Dr. Robert Vigil

Dr. Robert Vigil, Principal at Analysis Group, Inc., specializes in the application of economics and finance to complex commercial litigation matters. His work includes the estimation of damages and unjust enrichment in intellectual property and breach of contract cases; the evaluation of patented drug products' commercial success in connection with generic manufacturers’ Abbreviated New Drug Application submissions to obtain early market entry; and the analysis of issues related to the granting of permanent injunctions, such as irreparable harm and causal nexus. Dr. Vigil has also analyzed issues related to domestic industry, remedy, and bonding on cases before the International Trade Commission. He has served as an expert witness on litigation matters in a variety of industries, including pharmaceuticals, medical devices, consumer products, computer hardware and software, and electronics.

Dr. Vigil is a member of the American Economic Association and the Licensing Executives Society, and is a frequent speaker on issues related to intellectual property valuation and damages assessment. Dr. Vigil has a Ph.D. in Economics from the University of Maryland in Applied Microeconomics, Econometrics and a B.A. in Economics, Summa Cum Laude from Pepperdine University.

 

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