Calculating & Proving Patent Damages Conference February 27 & 28, 2006 | San Francisco, California Crowne Plaza Union Square Hotel 800 Fifth Avenue, Suite 101, Seattle, WA 98104 Yes! Please register the following: tel (206)567-4490 or (800)854-8009 Attendee 1: ______fax (206)567-5058 | lawseminars.com Email: ______What type of credits do you need? ______Do you want to receive email notices? For which state(s)? ______Send us your email address q I want to receive seminar notices by email ______Attendee 2: ______or fax to 206-567-5058 or go to lawseminars.com Email: ______What type of credits do you need? ______For which state(s)? ______q I want to receive seminar notices by email Firm: ______Address: ______City: ______State: ______Zip: ______Phone: ______Fax: ______06PDAMCA WS If you cannot attend, check boxes to order: q Homestudy Course (q VHS tape or q DVD) q Course Materials only To complete your registration, please send a check or complete the credit card information below: (Fax to 206-567-5058) No.: ______Exp. Date: ______Card Holder’s Signature: ______

Featuring Speakers From: A Comprehensive Two-Day Conference on • Amgen, Inc. • Analysis Group, Inc. • Cornerstone Research • CRA International, Inc. Calculating & Proving • Economists, Inc. • FTI Consulting, Inc. • Gibson, Dunn & Crutcher LLP • Google, Inc. • Heller Ehrman LLP Patent Damages • Howrey LLP • Intellectual Ventures Beyond the usual courses of action for pursuit and defense • JAMS • Keker & Van Nest LLP • Knobbe Martens Olson & Bear LLP • LECG, LLC • Morrison & Foerster LLP • NERA Economic Consulting • Orrick Herrington February 27 & 28, 2006 & Sutcliffe LLP • Pillsbury Winthrop Shaw San Francisco, California Pittman LLP Crowne Plaza Union Square Hotel • Simpson Thacher & Bartlett LLP • Stanford University The Focal Point LLC • Credits: • US District Court, Northern CA MCLE 13.0 (Call about others) District of California Quick when/where: 8:30 a.m., 480 Sutter Street Monday, February 27, 2006 Calculating & Proving Patent Damages Conference

8:30 An Overview of Recent Damage Cases from Economic 1:30 Reasonable Royalties: New Issues from Lawyer, and Legal Perspectives Economist, and Business Perspectives Alan J. Cox, Ph.D., Program Co-Chair, Litigated royalty for a patent incorporated into a standard Senior Vice President vs. the royalty for current licensees; arguments for market- NERA Economic Consulting ~ San Francisco, CA based rates in university licensing and the relevance of use of public money in development Daralyn J. Durie, Esq., Program Co-Chair Keker & Van Nest LLP ~ San Francisco, CA George M. Newcombe, Esq. Simpson Thacher & Bartlett LLP ~ Palo Alto, CA 9:30 Getting the Data You Want From the Other Side through Discovery and 30(b) (6) Depositions Matthew R. Lynde, Ph.D., Vice President Cornerstone Research ~ San Francisco, CA Determining what to ask for in interrogatories and when to make the requests; avoiding the distraction of informa- Kirke M. Hasson, Esq. tion that is not relevant to preparing supportable IP damages Pillsbury Winthrop Shaw Pittman LLP ~ San Francisco, CA calculations Siegmund Gutman, Esq. Brian W. Napper, Ph.D., Senior Managing Director Amgen, Inc. ~ Thousand Oaks, CA FTI Consulting, Inc. ~ San Francisco, CA 3:15 Break Planning and conducting effective depositions of the op- 3:30 Lost Profit Damages: The Effects of Non-infringing posing financial and marketing personnel Alternatives (Substitutes and Complements) Price Denise M. De Mory, Esq. Erosion, and Convoyed Sales Analysis Howrey LLP ~ San Francisco, CA Meeting the standards for price erosion and convoyed sales 10:30 Break Carla S. Mulhern, Ph.D., Managing Principal 10:45 In-House Perspective on Getting Data for a Defensible Analysis Group, Inc. ~ Washington, DC Damages Study: What to Look for, Where to Find It, The economics of price erosion and lost convoyed sales and How to Protect Trade Secrets and Other Confiden- tial Information Mark P. Berkman, Ph.D., Vice President CRA International, Inc. ~ Oakland, CA What do you want to fight over, and what do you not want to fight over? How to work with in-house counsel to gather Lost profits when the patent is only part of the whole necessary information Mohan Rao, Ph.D., Director Ashok Ramani, Esq. LECG, LLC ~ Evanston, IL Google, Inc. ~ Mountain View, CA New technologies in calculating lost profits 11:30 Dealing with Experts Gregory K. Leonard, Ph.D., Vice President Privilege waivers, monitoring drafts NERA Economic Consulting ~ San Francisco, CA Karen Vogel Weil, Esq. The attorney’s perspective Knobbe Martens Olson & Bear LLP ~ Los Angeles, CA Asim M. Bhansali, Esq. 12:15 Lunch (on your own) Keker & Van Nest LLP ~ San Francisco, CA 5:30 Reception for Faculty and Attendees Sponsored by NERA Economic Consulting and Keker & Van Nest LLP About the Conference

LAW SEMINARS Real world economic analysis is becoming very important in the development of defensible INTERNATIONAL damages for patent infringement. Cases have turned on the economic impact of the availability of alternatives, the economic impact of the timing of a reasonable royalty negotiation, and the defini- We dedicate all of our efforts tion of the markets in which a technology competes. This conference will give an in-depth look to producing high-quality professional education at the techniques used by successful trial lawyers and damages experts in this new environment programs. to determine whether damages include lost profits and, if so, the size of the market in which the infringer competes, the number of competitors in that market, sales lost by the patent holder to the Our seminars provide an infringer, and the amount of price erosion as a result of the infringer’s activities. Recent successful opportunity for lawyers to learn about their clients’ practices in calculation of a reasonable royalty will also be described. This comprehensive confer- businesses and for the clients ence will explore the data that is useful in undertaking a damages analysis; where to look for it; to learn about the legal issues and how to use it successfully. impacting their business. ~ Program Co-Chairs: Alan J. Cox, Ph.D., and Daralyn J. Durie, Esq. lawseminars.com Tuesday, February 28, 2006 Calculating & Proving Patent Damages Conference

8:30 Calculating Damages When Data is Limited 1:30 Trial Graphics Effective uses of survey methods to determine damages Effective demonstrations for patent damages Jonathan Neuberger, Ph.D., Senior Vice President Daralyn J. Durie, Esq., Program Co-Chair Economists, Inc. ~ Emeryville, CA Keker & Van Nest LLP ~ San Francisco, CA From survey evidence to rules-of-thumb: what types of G. Christopher Ritter, Esq., Member and Case Manager damages approaches are subject to (successfully) admis- The Focal Point LLC ~ Oakland, CA sibility challenges? 2:30 Break Matthew I. Kreeger, Esq. 2:45 Putting It All Together: Mock Closing Arguments in a Morrison & Foerster LLP ~ San Francisco, CA Hypothetical Case Involving the Issues Discussed Most creative damage theories; different methods; how to Earlier in the Program use them, what are the pitfalls Presiding neutral Robert E. Hall, Ph.D., McNeil Joint Professor of Economics and Senior Fellow Hoover Institution The Hon. Charles A. Legge, (Ret). Stanford University ~ Stanford, CA JAMS ~ San Francisco, CA 10:00 Break Plantiff’s counsel 10:15 Is the Litigation Strategy and Economic Analysis Alexander L. Brainerd, Esq. Different when Dealing with Individual Inventors or Heller Ehrman LLP ~ San Francisco, CA Others Who Are Not Practicing the Invention Defendant’s counsel How does the fact that individual inventors do not plan to Robert E. Freitas, Esq. make products affect the litigation strategy and damage Orrick Herrington & Sutcliffe LLP ~ Menlo Park, CA analysis? How should the approach to pre-litigation assess- ment of economic liability differ in making the decision to 4:00 Adjourn license or litigate? Peter N. Detkin, Esq., Managing Director Upcoming Related Seminars: Intellectual Ventures ~ Bellevue, WA Managing Complex Los Angeles, CA Jan. 24 Kenneth Serwin, Ph.D., Vice President Litigation NERA Economic Consulting ~ San Francisco, CA Michael A. Sitzman, Esq. Living with Open Source San Francisco, CA Mar. 10 Gibson, Dunn & Crutcher LLP ~ San Francisco, CA Issue Spotting Seattle, WA Mar. 13-14 11:45 A View from the Bench on What Works and Doesn’t Work for Corporate Counsel in Patent Damages Cases Emerging Issues in Seattle, WA Apr. 3-4 The Hon. Susan Illston Copyright Litigation US District Court, Northern District of California IP Issues in San Francisco, CA Reston, VA Apr. 24-25 M&A Transactions 12:15 Lunch (on your own) See more at lawseminars.com

Registration & Other Conference Information Tuition: Continuing Education Credits: To Register: Regular tuition for this Tuesday, February 21, 2006. After program is $995 with a group rate of that time, we will credit your tuition Law Seminars International is a State Call us at: 800-854-8009 or $895 each for two or more registrants toward attendance at another program Bar of California approved MCLE 206-567-4490 from the same firm. For government or the purchase of a Homestudy. provider. This program qualifies for Fax the registration form on employees, we offer a special rate of There is a $25 cancellation fee for 13.0 California MCLE credits. Upon the front page to us at: $795. For students and people in their Course Materials orders and $50 for request, we will apply for CLE cred- 206-567-5058 job for less than a year, our rate is Homestudy orders. its in other states and other types of $497.50. All rates include admission credits. Email our registrar at: Seminar Location: The confer- [email protected] to all seminar sessions, food and bev- ence will be held at the Crowne Plaza If You Cannot Attend: Our com- erages at breaks, and all course mate- Web site: lawseminars.com Union Square Hotel at 480 Sutter plete Homestudy Course, consisting rials. Make checks payable to Law Street in San Francisco, CA 94108. of a VHS or DVD recording and the Mail the registration form on the Seminars International. front page. Call the hotel directly at (415) 398- written course materials, is available Substitution & Cancellation: Walk-ins are welcome, subject to 8900 for reservations at the special for $1005. The written course materi- space availability. You may substitute another person at negotiated rate of $169 and mention als alone are available for $100. We any time. We will refund tuition, less that you are attending a Law Semi- will ship your Homestudy order via Registration is complete when a $50 cancellation fee, if we receive we receive payment or agree to nars International conference. Rooms UPS ground within two weeks after later payment. your cancellation by 5:00 p.m. on are on a first come, first served basis. the seminar or the date we receive payment (whichever is later). Faculty: Calculating & Proving Patent Damages Conference February 27 & 28, 2006 San Francisco, California Alan J. Cox, Program Co-Chair, is a Robert E. Hall is the Robert and cipal in Charge of Deloitte & Tou- Senior Vice President at NERA Eco- Carole McNeil Joint Professor of Eco- che’s Intellectual Property Services. Crowne Plaza nomic Consulting participating in the nomics at Stanford University and Jonathan Neuberger, Senior Antitrust, Securities and Finance, and Senior Fellow at Stanford’s Hoover Union Square Hotel Vice President at Economists, Inc., Intellectual Property Practices. Dr. Cox Institution. Professor Hall has advised 480 Sutter Street specializes in financial economics, estimates damages in intellectual prop- a number of government agencies on valuation, and damage analysis. Dr. (415) 398-8900 erty matters, disputes over technology national economic policy. Neuberger’s analysis of IP Damages sharing agreements, infringement of Kirke M. Hasson include use of lost profits and unjust design patents, and patent fraud. is Co-Chair of Pillsbury Winthrop Shaw Pittman enrichment damages theories as well Who Should Attend: Daralyn J. Durie, Program Co- LLP’s Life Sciences and Technology as estimates of reasonable royalties. Attorneys and Chair, is a partner with Keker & Van Group. His practice includes a range George M. Newcombe, of Nest, LLP. She is listed in Chambers of litigation, with special focus on dis- business executives involved Simpson Thacher & Bartlett LLP, is & Partners as one of the top intellectu- putes in the biotechnology and life sci- a partner in the firm’s Litigation De- with patent transactions and al property lawyers on the West Coast, ences fields. partment and head of the Palo Alto and was voted a 2004 Super Lawyer patent litigation The Hon. Susan Illston office. He litigates matters involving by San Francisco Magazine in the was ap- patents and other intellectual property, area of intellectual property litigation. pointed to the United States District Court for the Northern District of Cal- commercial arbitration and securities. This Seminar Addresses: Mark P. Berkman, a Vice Pres- ifornia in May 1995. Previously, she Ashok Ramani temporarily serves ident at CRA International, Inc., was a partner in the law firm of Cotch- Economic & Legal as Commercial Litigation Counsel at • specializes in the application of eco- ett, Illston & Pitre, in Burlingame, CA, Google, Inc. Beginning in January he Perspectives on Recent nomics to environmental, energy, in- specializing in civil litigation practice will return to Keker & Van Nest, LLP Damage Cases tellectual property, antitrust, labor, with emphasis on commercial litigation. as a partner. Mr. Ramani has tried and public finance matters. Matthew I. Kreeger is a partner civil and criminal cases in a variety • How to Get Data from Asim M. Bhansali is Of Counsel with Morrison & Foerster LLP where of California courts, and has handled the Other Side Through with Keker & Van Nest, LLP. His he has focused on patent litigation a number of internal trade-secret Discovery and practice covers a broad range of litiga- interference matters, along with oth- investigations. 30 (b) (6) Depositions tion, including patent and trade-secret er intellectual property disputes, and Mohan Rao, Director with LECG, cases, as well as antitrust cases involv- complex litigation. LLC, specializes in intellectual • How to Work with In-House ing intellectual property issues. The Hon. Charles A. Legge, property, antitrust economics, and Counsel to Gather Necessary Alexander L. Brainerd, share- JAMS, was selected in a newspaper economic analysis in complex com- Information holder at Heller Ehrman LLP, focuses survey as one of the two most popu- mercial disputes. Dr. Rao has calcu- his practice in civil trial work with a lar arbitrators in Northern California. lated economic damages in a wide • Lawyer, Economist & major emphasis on intellectual prop- Previously U.S. District Judge North- range of cases, including patent and Business Perspectives on erty litigation. He has acted as lead ern District of California, Judge Leg- trademark infringement. Reasonable Royalties counsel in numerous patent infringe- ge has conducted over 200 settlement G. Christopher Ritter is a Mem- ment lawsuits, several significant trade conference and mediations. ber and Case Manager at The Focal • Meeting the Standards secret cases and a wide range of com- Gregory K. Leonard, Point LLC where he develops trial for Price Erosion & mercial disputes. Vice Presi- dent in NERA Economic Consulting’s strategies and graphics. He is the au- Convoyed Sales Denise M. De Mory, partner at Antitrust and Intellectual Property thor of Creating Winning Trial Strat- Howrey LLP, focuses her practice on Practices, focuses his expertise on egies and Graphics and has taught at • How to Calculate Damages intellectual property and antitrust liti- applied microeconomics and econo- Hastings Law School and the National When Data is Limited gation. She was a member of the Unit- metrics. Dr. Leonard has extensive Institute of Trial Advocacy. ed States Department of Justice’s trial experience calculating damages in Litigation Strategy & Kenneth Serwin is a Vice President • team in the high-profile U.S. v. Micro- patent infringement cases. at NERA Economic Consulting. He Economic Analysis When soft antitrust litigation. Matthew R. Lynde, Vice President serves both as testifying expert and Dealing With Individual Peter N. Detkin is Managing Di- of Cornerstone Research, has over consulting economist. Dr. Serwin spe- Inventors rector and partner at Intellectual Ven- 25 years experience as an economist cializes in the valuation of intellectual tures where he focuses on a variety of in government, academic, and com- property and the determination of com- • Effective Trial Graphics projects relating to intellectual prop- mercial environments. Dr. Lynde spe- mercial economic damages in intellec- erty and invention. Previously, he was cializes in the economic approach to tual property and securities matters. VP and Assistant General Counsel at damages analysis, especially for intel- To Register: Michael A. Sitzman, partner in Intel Corporation. lectual property. Gibson, Dunn & Crutcher LLP’s Intel- Mail Robert E. Freitas, a Silicon Valley Carla S. Mulhern, Managing lectual Property Group, has extensive 800 Fifth Ave., Suite 101 intellectual property and litigation Principal of Analysis Group, Inc., litigation experience in matters involv- Seattle, WA 98104 partner with Orrick Herrington & specializes in the application of micro- ing all facets of intellectual property Phone and commercial disputes. Sutcliffe LLP, focuses his practice on economic principles to issues arising in (206) 567-4490 intellectual property litigation, insur- complex business litigation. Dr. Mul- Karen Vogel Weil, partner at or (800) 854-8009 ance coverage claims and litigation, hern has served as an expert in intellec- Knobbe Martens Olson & Bear LLP, antitrust law, and complex litigation. tual property damages cases as well as Fax has experience in all aspects of intel- misappropriation of trade secrets. (206) 567-5058 Siegmund Gutman is senior pat- lectual property litigation; including ent litigation counsel at Amgen, Inc., Brian W. Napper is Senior Manag- representing plantiffs and defendants Email where he is involved in all aspects of ing Director in FTI Consulting Inc.’s in patent, trademark, copyright and [email protected] U.S. and foreign patent litigation and Forensic and Litigation Consulting trade secret disputes. counseling. Prior to joining Amgen, practice and is product leader of FTI’s lawseminars.com he was a patent litigator with the law Intellectual Property Practice. Mr. ©2005 Law Seminars International firm of Latham & Watkins. Napper was recently the Global Prin-