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Patent Infringement Damages: Building Damages Analyses to Last in the Wake of MLC International v. Micron Technology


Level: Intermediate
Runtime: 89 minutes
Recorded Date: January 27, 2022
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Agenda

  • Overview of patent infringement damages, including reasonable royalty damages, and the implications of MLC International v. Micron Technology
  • Discussion of the application of MLC in the district courts
  • The roles of counsel and experts in furnishing the materials for a sound damages analysis and the perils of failing to take and respond to damages discovery
  • The timing of discovery efforts directed to damages
  • The use of summary judgment and motions in limine to weed out unsound damages analyses and keys to survival when defending against such claims
Runtime: 1 hour, 29 minutes
Recorded: January 27, 2023

For NY - Difficulty Level: For both newly admitted & experienced attorneys

For NY - Difficulty Level: Both newly admitted and experienced attorneys

Description

With the ever-changing regulatory trends involving patent infringement, lawyers should be competent in furnishing a sound damage analysis to mitigate risks and effectively respond to damage discovery. Reasonable royalties are by far the most common form of damages awarded among the primary remedies available in patent infringement cases. However, the implications of MLC International v. Micron Technology have left questions among patent litigators, particularly on the required disclosure of a royalty rate during fact discovery.
Listen as a panel of distinguished professionals provide a comprehensive discussion of the recent developments and legal issues surrounding patent infringement cases. Speakers, among other things, will discuss the role of patent litigators and economic experts in framing out and filling in a survivable damages analysis.

This program was recorded on January 27th, 2022.

Provided By

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Panelists

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Krishnan Ramadas

Director
Berkeley Research Group LLC

Mr. Krishnan Ramadas is a Certified Management Accountant with over 15 years of experience in the areas of financial/economic analyses in complex business disputes. He is a damages expert with significant expertise in evaluating lost profits, reasonable royalties, unjust enrichment, and price erosion, among other forms of damages, in both a litigation setting and on a consulting capacity. His primary focus areas include intellectual property and commercial damages matters.

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Joel Wacek

Principal
Hoffman Alvary & Company LLC

Joel Wacek serves as a Principal at Hoffman Alvary and is an expert in providing financial and economic analyses in intellectual property infringement matters, commercial disputes, licensing campaigns, and matters before the International Trade Commission.  A particular focus of Mr. Wacek’s practice involves continually monitoring the developing changes in intellectual property damages case law to inform his damages analyses.  Mr. Wacek holds an M.B.A. and a Masters of Science in Finance from the Carroll School of Management at Boston College, and a B.A. in both Economics and History from Boston College.  Mr. Wacek is a Certified Licensing Professional, and was named in the 2019, 2020, 2021, and 2022 editions of the IAM Strategy 300 – The World’s Leading IP Strategists.

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Philip L. Hirschhorn

Partner
Panitch Schwarze Belisario & Nadel LLP

Philip L. Hirschhorn is a patent litigator and trial lawyer. Phil’s extensive experience, spanning more than 30 years, includes bench trials, jury trials, and arbitrations. He has represented clients in traditional infringement/validity litigations as well as Hatch-Waxman (Paragraph IV) litigations.  In addition to his patent litigation experience, Phil counsels clients on the interplay between the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB) and district court actions. He has extensive PTAB litigation experience, having assisted both patent owners and petitioners.


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