Washington, D.C., Chapter
2017 Patent Damages Symposium
Advanced Topics and Current Issues
Panel Discussion & Reception
Thursday, February 23, 2017
Panel Discussion: 3:00-5:30 p.m.
Reception: 5:30-6:30 p.m.
Featured Speaker: 6:30-7:00
Reception: 7:00-8:00 p.m.
Sidley & Austin
1501 K Street, NW
Washington, D.C. 20005
Nearest Metro Stops:
LES Member: $25.00
LES Student Member: $10.00
Join us for a discussion of advanced topics and current issues in patent damages, followed by a reception. Our panel of experts will briefly introduce damages topics and then engage in a dynamic roundtable discussion that encourages attendee participation. Whether a litigator, consultant, prosecutor, or licensing professional, this promises to be an engaging and informative session.
In addition to recent developments in design patent damages and extraterritoriality, the panel will address continuing developments in apportionment, the entire market value rule and issues for patent prosecutors and litigators to consider in claim drafting and enforcement. The session will also discuss the application of the "Book of Wisdom" as well as the use of econometrics, citation data and survey evidence in damages calculations.
- Book of Wisdom
- Design Patent Damages
- Claim Drafting with Damages in Mind
- Citation Data
- Survey Evidence
President and CEO
GreatBridge Consulting, Inc.
|Krista Holt is the President and CEO of GreatBridge Consulting, Inc. She testifies as trial in patent, trademark, trade secret, copyright, false advertising, antitrust, and breach of contract cases on analyses of lost profits, price erosion, determination of reasonable royalties, accounting of defendant's profits, domestic industry, commercial success, intellectual property valuations, marketing, and patent and trademark surveys. Ms. Holt provides testimony on economic damages, valuation, marketing, survey and licensing matters in intellectual property disputes before federal and state courts, the Court of Federal Claims and the International Trade Commission, as well as in mediation and arbitration matters. Ms. Holt holds an MBA from the University of Louisville and a BA from Wake Forest University.
|Stephen A. Holzen
Dispute Advisory & Forensic Services Group
Stout Risius Ross, Inc.
|Stephen A. Holzen is a Director in the Dispute Advisory & Forensic Services Group at Stout Risius Ross, Inc. His practice concentrates on the financial aspects of intellectual property including the valuation of intellectual property, the determination of economic damages in intellectual property litigation, and managing the sale and licensing of intellectual property assets.
|Ryan Morris is a partner in the Supreme Court and Appellate group at Sidley Austin and has assisted clients in a broad range of cases involving difficult questions of constitutional, statutory, and administrative law. His practice spans a variety of substantive areas, with particular emphasis on patent and intellectual property, environmental, constitutional, qui tam, and other commercial appeals. Ryan also has considerable experience challenging and defending agency action in the U.S. Courts of Appeals and U.S. District Courts. He has authored or co-authored briefs in the United States Supreme Course and the federal courts of appeals, as well as critical motions and pleadings involving complex issues of law in federal and state trial courts. Ryan has argued cases in the D.C. Circuit, Federal Circuit, and D.C. Court of Appeals. He Received his J.D. (summa cum laude) from Brigham Young University - J. Reuben Clark Law School, an M.A. (with distinction) from the University of Reading, an M.A. and B.A. (cum laude) from Brigham Young University.
|Jennifer Vanderhart, PhD
Analytics Research Group
|Jennifer Vanderhart is a PhD Economist and a Principal at Analytics Research Group. Dr. Vanderhart has more than 20 years' experience in the evaluation and quantification of economic damages including claims arising from patent, copyright, or trademark infringement trade secret misappropriation, contract disputes, wrongful termination and wrongful death claims. Dr. Vanderhart has testified numerous times in federal and state courts and in domestic and international arbitration proceedings. She has assisted companies in patent and trademark licensing negotiations as well as with royalty investigations and calculations. Dr. Vanderhart was an instructor at Texas A&M University in the departments of Economics and Management, and she has published on damages and intellectual property, including an annually-updated chapter in a Law Journal Press treatise on damage calculations. Dr. Vanderhart has also presented and served as a discussant at conferences and lectures. She is a member of the American Society of International Law, of which she co-chairs the Intellectual Property Interest Group, the Licensing Executives Society, of which she serves on the Advisory Council for the DC Chapter, and she is an associate member of the American Bar Association, where she co-chairs the Intellectual Property Litigation subcommittee. Dr. Vanderhart is fluent in Spanish.
|Robert L. Vigil, PhD
Analysis Group, Inc.
|Robert L. Vigil, PhD, is a Principal at Analysis Group, Inc. He has a PhD in economics from the University of Maryland; and a B.A. in Economics from Pepperdine University. Dr. Vigil specializes in the application of economics and finance to complex commercial litigation matters. His work includes the estimation of damages and unjust enrichment in intellectual property and breach of contract cases; the evaluation of patented drug products commercial success in connection with generic manufacturers' Abbreviated New Drug Application submissions to obtain early market entry; and the analysis of issues related to the granting of permanent injunctions, such as irreparable harm and causal nexus. Dr. Vigil has also analyzed issues related to domestic industry, remedy, and bonding on cases before the International Trade Commission. He has served as an expert witness on litigation matters in a variety of industries, including pharmaceuticals, medical devices, consumer products, computer hardware and software, and electronics. In non-litigation matters, he has assisted clients in valuing intellectual property for sale or license; identifying and evaluating potential partners for licensing, acquisition, or divestiture of assets; and analyzing the impact of generic entry on prices and market shares of brand name pharmaceutical products. Dr. Vigil is a member of the American Economic Association and the Licensing Executives Society, and is a frequent speaker on issues related to intellectual property valuation and damages assessment.
Raymond Van Dyke
Founder and Principal
Van Dyke Law
Raymond Van Dyke is an intellectual property practitioner and educator. After being an equity partner in large law firms, he founded his own firm in 2010, is an Adjunct Professor at SMU, serves as the Greater Washington, DC Chapter Chair for LES, Chair of the Intellectual Property Section of the Montgomery County Bar Association, and is active in the AIPLA, IPO, MSBA, and various other technical and legal associations. He obtained his JD and an MS in Computer Science from the University of North Carolina at Chapel Hill. A patent/IP practitioner for over 25 years, he handles patent/trademark/IP procurement, licensing and enforcement for his various clientele, domestic and international. He is also active in legislation and policy regarding IP, and has testified for/against various bills and proposals.
Politicians Assault Patent Transactions Between Private Parties Who Can Better Calculate Market Value
The Honorable Paul Michel (Ret.)
U.S. Court of Appeals for the Federal Circuit
Judge Michel served for more than 22 years on the Federal Circuit, retiring on May 31, 2010. From December 25, 2004 until his retirement, he also discharged the duties of Chief Judge of this national court, serving simultaneously on the U.S. Judicial Conference -- the Judiciary's governing body -- and by appointment of the Chief Justice on its seven-judge Executive Committee.
He judged several thousand appeals and authored more than 800 opinions, one third concerning intellectual property law. Intellectual Asset Management magazine inducted him into its Hall of Fame, and he was designated one of the 50 most influential leaders in intellectual property law in the world. His contributions were also recognized by lifetime achievement and similar awards by the American Intellectual Property Law Association (AIPLA); Intellectual Property Owners Education Foundation (IPO); the American Bar Association's Intellectual Property Section; Managing Intellectual Property magazine; the Sedona Conference; the Patent and Trademark Office Society (PTOS); the New York, Chicago, Philadelphia, and Los Angeles Intellectual Property Law Associations; and the William C. Connor, the Giles S. Rich, and the Richard Linn Intellectual Property American Inns of Court. In 2010 the Los Angeles IP Inn was renamed in his honor as the Paul R. Michel IP Inn.
Judge Michel received the Jefferson Medal, the Eli Whitney Award, and the Katz-Kiley Prize as well as Honorary Doctor of Law degrees from the Catholic University of America and the John Marshall Law School. He is a lifetime Member of Honore of FICPI, the international association of private practitioners of intellectual property law. Williams College granted him the Kellogg Award for "outstanding leadership in law and public service."
Judge Michel has written numerous articles on patent law and advocacy, taught related courses and master classes at George Washington University, the University of Akron, and John Marshall law schools, serving as well on their IP advisory boards and on counterpart boards at the universities of California (Berkeley), Washington, and Maryland. He co-authored a casebook, Patent Litigation and Strategy (West, 1999) and an August 2010 editorial in the New York Times on strengthening the patent system to promote prosperity and create new jobs.
A frequent speaker at conferences and law schools during his judicial tenure and since, he retired from a lifetime appointment to be free to speak out on the national need for better patent policy and protection of intellectual property and the vital, unmet resource needs of the courts, the PTO, the International Trade Commission, and other IP-related agencies. He was appointed Distinguished Scholar in Residence by IPO, following his retirement. Judge Michel also consults for law firms and their clients in intellectual property litigations, conducting moot courts, mock trials, case evaluations, editing briefs, advising on strategy, and providing mediation and arbitration services.
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