Learn to properly litigate intellectual property damages.
This topic will provide an overview of damage calculation theories and methodologies related to intellectual property litigation including quantifying lost profits, reasonable royalties, and unjust enrichment/disgorgement, with a particular focus on patent infringement damages. This material will also include a discussion of recent court rulings related to patent infringement damages and their impact on various aspects of damage calculation theory, including the entire market value rule, apportionment, and comparability of license agreements.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
Introduction to Intellectual Property Damages
- Types of Intellectual Property
- Common Types of Damages in Intellectual Property Disputes
Lost Profits Damages
- Panduit Factors
- Next Best Alternatives
- Market Share Analysis
Reasonable Royalty Damages
- Georgia-Pacific Factors
- Comparable License Agreements
- Entire Market Value Rule
Unjust Enrichment Damages
- Plaintiff and Defendant Burdens
- Deductible Costs
- Apportionment
Recent Case Law
- Overview of Select Cases
- Impact of Case Law on Quantification of Damages
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on February 28, 2020.
Call 1-866-352-9540 for further credit information.
- CA MCLE 1.5
- Lorman Education Services is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Jeffrey Press, CPA/CFF, CFE
EisnerAmper LLP
- Director in the EisnerAmper LLP Financial Advisory Services Group where he serves as an expert witness in the areas of forensic accounting and the quantification of damages in dispute settings
- Has practiced in the field of forensic accounting for 17 years in both testifying and nontestifying capacities
- Responsibilities include analyzing financial and other types of data, preparing damages calculations and expert reports, assisting counsel in various areas of the litigation process such as discovery and trial preparation, and providing expert witness testimony
- Has testified at both deposition and trial in state and federal courts
- Areas of expertise include the quantification of damages in intellectual property disputes and other types of complex commercial disputes and performing forensic investigations
Nicole Zakowicz, CPA/CFF
EisnerAmper LLP
- Director in the Financial Advisory Services Group of EisnerAmper LLP
- Over 15 years of experience providing financial consulting and forensic accounting services to attorneys, public and private corporations, insurance companies, and governmental agencies
- Provided consulting and litigation services for cases involving complex commercial damages, lost profits analyses, intellectual property infringements, economic damage calculations, and business interruption calculations
- Provided consulting and litigation services for clients in many industries, including pharmaceutical, medical device, health care, technology, manufacturing, consumer goods, and insurance
- Prior to joining the firm, she worked for an international audit, tax and advisory firm and a regional accounting and consulting firm
- Has presented seminars on topics including lost profits damages and patent, trademark, and copyright infringement damages
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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