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The Changing Landscape of Patent Damages


Product Code - lgn14
Speaker(s): Eric W. Hagen, McDermott Will & Emery; Daniel E. Alberti, McDermott Will & Emery; Jeffrey H. Kinrich, Analysis Group, Inc.
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Patent damages are undergoing a dramatic makeover. Publicity over nine- and ten-figure damages verdicts in patent cases during the past decade have fueled concerns over runaway juries and unreliable damages methodologies. More recently, however, courts have been clamping down on overly aggressive plaintiffs and experts. Understanding what the law requires for admissible damages evidence -- and understanding what damages evidence courts are rejecting -- is critical for both plaintiffs and defendants. This program will cover the key takeaways that practitioners need to know about these recent case law developments.

This program will be presented by Dan Alberti and Eric Hagen, two trial lawyers from McDermott Will & Emery who have prosecuted and defended high stakes patent cases, along with Jeff Kinrich, a damages expert from Analysis Group who testifies frequently in high profile intellectual property matters.

Educational Objectives:

• Learn how recent cases such as Lucent v. Gateway, Cornell v. HP, ResQNet.com v. Lansa, Uniloc v. Microsoft, and In re Seagate have changed patent damages law

• Find out how trial judges are responding to such precedents in their role as gatekeepers to exclude unsound damages theories

• Understand how a litigant minimizes (or maximizes) a damages award under these new precedents

Who would benefit most from attending this program?

This program will benefit attorneys responsible for strategically guiding clients through the challenging area of assessing damages for patent infringement and presenting damages analyses in court.

Experts and consultants who conduct economic analysis and damages valuation will likewise benefit from a better understanding of the new legal landscape.

Program Level: Intermediate

Eric W. Hagen, McDermott Will & Emery; Daniel E. Alberti, McDermott Will & Emery; Jeffrey H. Kinrich, Analysis Group, Inc.

Eric W. Hagen, McDermott Will & Emery
Eric W. Hagen is a partner in the law firm of McDermott Will & Emery LLP, and is based in the Firm’s Los Angeles office. Mr. Hagen has been recognized by The Legal 500 U.S. as a leading lawyer in the fields of patent and trade secret litigation in the United States. In the courtroom, he has served as the first and second chair attorney in jury trials and bench trials, as well as in arbitration and at the Markman stage of patent litigation. He has successfully defended clients facing billions of dollars in exposure in patent, trade secret, and other commercial cases.

Mr. Hagen earned his B.A. from Pepperdine University, his M.A. from Dartmouth College, and his J.D. magna cum laude from Pepperdine University School of Law.

Daniel E. Alberti, McDermott Will & Emery
Dan Alberti is a partner in the law firm of McDermott Will & Emery LLP, and is head of the Silicon Valley Trial Practice. With more than 35 years of trial experience, Mr. Alberti has tried a wide range of cases, including a three-month long patent infringement case, trademark matters from infringement to licensing disputes, and multiple complex commercial disputes, with a focus on damages litigation.

Over the last six years, he has specialized in leading both plaintiff and defendant damages teams in high stakes patent infringement litigation. Mr. Albeti has an undergraduate degree from Santa Clara University, with a J.D. from University of the Pacific, McGeorge School of Law.

Jeffrey H. Kinrich, Analysis Group, Inc.
Jeffrey H. Kinrich, CPA/ABV, is a Managing Principal of the Analysis Group, Inc. in Los Angeles, California. Mr. Kinrich consults on cases involving financial and economic analysis, accounting and statistics. Over his thirty year career, he has directed numerous large-scale analyses involving a broad range of litigation areas. He specializes in damage quantification and valuation in the areas of intellectual property and commercial litigation. He also has significant experience in many other areas of the law, including breach of contract, construction, fraud, antitrust, business interruption, marital dissolution, dealership disputes and tax litigation. Mr. Kinrich has testified numerous times in a variety of federal and state courts and other dispute resolution forums.

Mr. Kinrich, a frequent writer and speaker for legal audiences, is a Certified Public Accountant and Accredited in Business Valuation. He earned his MBA in Finance and Quantitative Methods from the University of Maryland, a M.S. in Statistics from Stanford University, a B.A. in Mathematics from Pomona College.

• Bloomberg BNA Subscriber - OnDemand format $199

• Non-Subscriber - OnDemand format $249

• CD recording of program $199 (Subscriber and Non-Subscriber)

 

Registration for Legal & Business programs is simple. You may either visit the registration page to register -or- call 1-800-372-1033, Option 6, and refer to the date and title of the program. Lines are open Monday through Friday from 8:00 a.m. to 8:00 p.m. ET.

This program is CLE-credit eligible.

If you have further questions regarding a specific state or how to file for CLE credit, please contact Bloomberg BNA customer service at 800-372-1033 and ask to speak to the Legal and Business CLE Accreditation Coordinator.

Hardship Policy
Bloomberg BNA offers a hardship policy for any attorney earning less than $30,000 per year. If an attorney wishes to take advantage of this option, he or she must do so in writing and also provide proof of hardship. If approval is granted, a discount of 50% off the full registration price of the program will be awarded.


Questions
For more information about Mandatory or Minimum Continuing Legal Education (MCLE) requirements, visit the American Bar Association website at http://www.abanet.org/cle/mandatory.html