"With Millions of Dollars at Stake:
A Trial Lawyer’s Perspective on Litigating and Trying IP License Disputes to Juries and Arbitrators"
Wednesday, June 21, 2017
Sheraton Palo Alto
11:30 a.m. - 2:00 p.m.
Trials over IP License Disputes often turn on issues that may not have been the focal point of negotiation. For instance, parties naturally spend significant time negotiating royalty rates of any given deal. But when there is a dispute and the parties head to trial with millions of dollars on the line, the verdict often hinges on some other term that the parties spent less time on before signing the agreement. In the presentation, the panelists will walk through real-world examples of jury trials and arbitrations with seven, eight, and nine figures of damages at stake, highlighting terms in IP License Disputes that are often at issue in litigation and trials. Considerations and best practices will be suggested for how licensing professionals can best protect their interests—as a licensee or a licensor—at a future trial while negotiating these provisions on the front end. At the end of the day, the strength and value of an IP license agreement lies not just with the most prominent terms, but with the confidence that a party’s interests in the agreement withstand the fire of trial when millions of dollars are at stake.
Panelists:
Patrick Arenz, Partner, Robins Kaplan
Patrick Arenz is a trial lawyer who litigates and tries high-stakes cases, including cases involving patent infringement, trade secret misappropriation, and other commercial disputes. His clients are as diverse as his practice, ranging from small inventor-led companies to Fortune 100 companies. The common link between all of these clients is the need for vigorous, focused, and strategic trial counsel in cases that matter most. For instance, with respect to patent enforcement, he has helped three separate inventor-led clients each achieve licensing revenue well in excess of eight figures. He has also litigated cases on both sides of the “v” in significant competitor-versus-competitor patent disputes.
Christopher Seidl, Partner, Robins Kaplan
Chris Seidl is a trial lawyer who helps companies of all sizes resolve their most difficult – and most sensitive – business disputes. He’s been described as a “do it all” trial lawyer who brings a business understanding and a technical understanding, and blends them together to get results. He’s handled virtually every type of high-stakes dispute, including cases involving patent infringement and license disputes. For example, Chris was part of a trial team that tried and won a license dispute for Medtronic, where the court found Medtronic did not infringe two patents relating to implantable cardioverter-defibrillator technology. That verdict was upheld by the U.S. Supreme Court.
Bonnie Goldsmith, CPA, LitiNomics
For nearly three decades, Bonnie Goldsmith has consulted on numerous litigation issues. During this time, she has provided expert testimony on accounting, financial, and economic matters in federal and state courts and arbitrations. While the issues have varied with each case, her work has typically involved the calculation of damages, business valuations, or issues related to alter ego claims. She also has significant experience in assessing underlying accounting and financial data for the purpose of evaluating liability or causation. She has been involved in a variety of complex litigation issues concerning matters such as breach of contract, theft of trade secrets, copyright infringement, patent infringement, breach of fiduciary duty, alter ego, construction claims, lender liability, and accounting malpractice.
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