“A Penny or a Pound: Apportioning Damages in Patent Cases”
Wednesday, May 17, 2017
Mitchell Park Community Center
11:30 a.m. - 2:00 p.m.
PRESENTATION
Alan Cox and Richard Eichmann, distinguished economists and patent damages experts from NERA, and Michael Zachary, IP and patent litigation and licensing partner at Andrews Kurth Kenyon, will discuss a key issue affecting patent damages calculations today – apportionment. What portion of the revenue from a relevant product or service reflects the “value-add” of a patent? The session will begin with a summary of recent cases on damages, and continue with detailed discussion of methods and inputs for determining a patent’s value, including the use and abuse of surveys, the relevance of prior licensing and settlement agreements, forward citations of the patent at issue, and other methods of determining value. The same considerations affecting the calculation of damages in patent cases can frequently underlie patent license negotiations as well.
About our speakers:
Alan Cox, Intellectual Property, Antitrust, and Securities, NERA
Dr. Cox participates in the Intellectual Property, Antitrust, and Securities practices of NERA. He has extensive experience testifying in federal court, state court, US and international arbitrations, and before utility commissions. In arbitrations he has appeared before the NASD, the American Arbitration Association, and the Japan Commercial Arbitration Association. In graduate school he specialized in industrial organization, antitrust, regulation, and natural resource economics, including energy. His previous positions include Visiting Economist at MIT’s Energy Laboratory. In intellectual property matters, Dr. Cox has testified on a wide variety of patent issues in the semiconductor, biotechnology, telecommunications, consumer product, and other industries. He has also testified on trademark, copyright, and trade secret matters. For example, he testified in Delaware District Court in a matter involving alleged theft of trade secrets and false advertising in the manufacture and sale of golf balls. He was retained by Texas Instruments in a New Jersey patent case, which resulted in a jury award of $112 million to Texas Instruments. He has also testified in matters related to standards and patent pools.
Richard Eichmann, Intellectual Property, Antitrust, and Securities, NERA
Based in San Francisco and Los Angeles, Mr. Eichmann is a Director in NERA’s Intellectual Property and Securities and Finance Practices. Mr. Eichmann has particular expertise in damages modeling, business valuation, econometrics, statistics, sampling, and survey research methods. He excels at drawing meaningful conclusions from large disparate datasets. His quantitative skill set has been applied in the calculation of economics damages in commercial litigation in a variety of industries, including the automotive, airline, credit card, financial, energy, gaming, and pharmaceutical industries.
Michael Zachary, Partner, Andrews Kurth Kenyon LLP
Mr. Zachary focuses his practice on intellectual property litigation and enforcement, and regularly represents clients in patent infringement, trade secret, trademark and other intellectual property litigation cases. He also counsels clients on a variety of technology and intellectual property agreements, including design and development, manufacturing and supply, product evaluation, and patent and trademark license agreements. He has represented large, mid-size, and start-up companies based in the United States, Japan and Europe, including Volkswagen, Skype, Amazon, Wacom, PRISM Pharma and Boston Scientific. In 2016, he was recognized as a California “IP Star” by Managing Intellectual Property.
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