A damages expert is not always in the room when in-house counsel and their outside litigators must make money calculations regarding settlement of a patent infringement case. This webinar will consider what data is needed to calculate a settlement offer at every major point along the litigation timeline, how to use that data to calculate a timely range of offers, and when an outside expert might be needed. At the outset, for instance, an alleged infringer must decide how much it is willing to pay to make the other side go away — unless it has a deterrence policy of never settling with non-practicing entities. Parties may want to assess the value of a case early on before substantial legal costs are incurred, a process encouraged (at least in theory) by last year’s change in the Rules of Federal Procedure. The time period after an IPR petition is filed — but before the PTAB makes its institution decision — has turned into a productive window for settlement decisions. And, of course, there is important new data on the tables after a damages judgment, but before appeal.
Our panelists are an in-house counsel at a major multinational technology company, a litigator who often represents patent plaintiffs, and a damages expert.
Speakers:
- Laurie Gathman Kowalsky, Koninklijke Philips N.V.
- Christopher Lee, Lee Sheikh Megley & Haan LLC
- Kimberly Schenk, Charles River Associates
