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Intangible assets in general, and intellectual property in particular, comprise an increasingly larger component of the assets of a typical business. This greater importance of intellectual property has been accompanied by an increase in litigation alleging infringement of intellectual property, particularly patents. As awards from these damages claims have begun to soar so has the use of the Entire Market Value Rule increased.
On October 6 BVR welcomes expert appraiser Craig Jacobson and attorney Stephen Lieb to discuss the Entire Market Value Rule, its place in economic damages claims and its application to intellectual property valuations. Special attention will be given to recent cases, the gestation period of their damages awards and how companies and their professional advisors can learn from these cases in protecting their own assets.
Program Agenda
Introduction – IP Overview
Patents – Specific description
Litigation Overview
Purpose of damages analysis
Types of damages analysis
Patent Damages Analysis
Reasonable Royalty
Lost Profits
Sample Analyses - Non-infringing alternatives
Sample Analysis - Smart Phone vs. Pharmaceutical Compound
Recent Case Law
i4i/Microsoft
HP/Cornell
Lucent/Gateway
Uniloc
Summary and Conclusion
Learning Objectives
Clarify the function of intellectual property protections and how infringements of those protections can lead to litigation
Understand the types of actions that can infringe on IP protections and how financial analysts account for the results of those actions
Learn how the Entire Market Value Rule is a part of these analyses and how it should be properly implemented
Understand how recent court cases have and will affect the application, analysis, and presentation of the Entire Market Value Rule in the future
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