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Pdamca O 11-9.E.Indd 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
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