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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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
Recent Case Law
- Overview of Select Cases
- Impact of Case Law on Quantification of Damages
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This course was last revised on February 28, 2020.
Call 1-866-352-9540 for further credit information.
- AR CLE 1.5
- This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
- Arizona CLE 1.5
- The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona.
- CA MCLE 1.5
- Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
- CO CLE 2.0
- Lorman Education Services is a Certified Provider, as recognized by the Colorado Supreme Court Continuing Legal and Judicial Education Committee. This program is approved for 2.0 credit hours.
- CT CLE 1.0
- Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
- HI CLE 1.25
- This program was approved by the Hawaii State Board of Continuing Legal Education for 1.25 CLE credit hours.
- IL CLE 1.25
- This course was approved for a total of 1.25 hours of MCLE Credit by the Illinois MCLE Board.
- ME CLE 1.0
- This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.0 hours of CLE credit under M. Bar R. 5.
- MN CLE 1.25
- This program has been approved by the Minnesota Board of Continuing Legal Education for 1.25 hours of credit.
- MO CLE 1.8
- This course qualifies for self-study CLE credit in Missouri.
- NH MCLE 1.5
- NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 88 Minutes.
- PA CLE 1.0
- This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hours of substantive law, practice and procedure CLE credit.
- RI CLE 1.5
- This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit.
- UT CLE 1.5
- This program has been approved by the Utah State Board of Continuing Legal Education for 1.5 CLE hours.
- VA CLE 1.5
- This program has been approved by the Virginia Mandatory Continuing Legal Education Board for 1.5 CLE credit hours.
- VT CLE 1.5
- This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hour(s) of CLE credit. Please note: Attorneys may only claim 6 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
- WA CLE 1.5
- This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit under the Law & Legal Procedure category.
- WV MCLE 1.8
- This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours.
- NALA 1.47
- This program is applicable for continuing legal assistant education credit. Please check with your accrediting board to see if this course will qualify towards your recertification requirements.
Program Length: 1.47 hour(s).
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.
Virginia MCLE requirements do not allow approval for programs that do not include an audio or audiovisual component.
This program was previously offered as a live webinar. Virginia MCLE requirements do not allow approval for attendance at duplicate programs.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Jeffrey Press, CPA/CFF, CFE
- 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
- 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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