This presentation will address statistics from 2024 patent infringement trials with a focus on the themes and methods that drive disparities in damages opinions between plaintiff and defense expert opinions. It will also explore the relevance of these disparities to trial strategy.

The Use and Misuse of Surveys in Calculating IP Damages

In today’s IP litigation landscape, surveys have become a powerful—but sometimes misapplied—tool for calculating damages. This presentation will discuss what questions surveys are often used to answer, what types of surveys are most frequently used, and how surveys are sometimes misapplied by experts.

Gregory Weiss, Manager, Analysis Group
Mr. Weiss specializes in the application of economic, marketing, and financial theory to questions arising in a variety of complex business disputes and litigation matters. His experience covers practice areas such as intellectual property, surveys and experimental studies, commercial disputes, and antitrust. His case experience includes calculating damages related to patent infringement and trade secret misappropriation; conceptualizing, administering, and analyzing surveys in various litigation matters; and evaluating the economic impact resulting from breaches of contract. Mr. Weiss's work spans the automotive, consumer packaged goods, fintech, pharmaceutical, and telecommunications industries. He has supported experts throughout the litigation process, including developing analyses for expert reports, critiquing opposing reports, and assisting experts in preparation for deposition and trial.

The Challenges of the Unjust Enrichment Method for Calculating Trade Secret Damages

The presentation on the unjust enrichment method for calculating trade secret damages discusses its complexities and how courts face challenges in apportioning profits in cases with multiple revenue streams.

Christopher Rosenthal, Managing Member, Vallit
As a managing member at Vallit Advisors, Chris Rosenthal has over 30 years of dispute consulting,forensic accounting, and valuation experience. Chris’s practice is focused on dispute consulting andexpert witness testimony in a wide variety of complex litigation matters. His clients include law firms,corporate counsel, government agencies, public and private entities, and individuals.

Chris has been qualified and testified in court as an expert witness in over 85 bench and jury trials aswell as arbitrations involving civil fraud, commercial business damages, intellectual property and patentdamages, business valuations and bankruptcy matters, as well as a variety of other disputes. He hasgiven deposition testimony in over 170 cases and has been a court-appointed expert and an arbitrator.He has served as a mediator and has completed the 40-hour Transformative Mediation Training program.

Scott Cobb, Director, Vallit
Scott Cobb has 20 years of financial advisory expertise. He has notable experience in Investment Banking, Valuation, Due Diligence, Financial Planning and Analysis, Financial Modeling, and Investor Relations across a broad range of industries including government contracting, private equity and venture capital. Cobb is a Chartered Financial Analyst (CFA) with the skills and expertise needed to provide the best valuation, dispute consulting and transaction advisory services for our clients across multiple industries.

Scott Cobb is a finance professional with decades of combined capital advisory and operating financeexperience to private and non-profit sectors at the C-suite level. During his career, Cobb has held thepositions of Consultant, Executive Reporting & Investor Relations Contractor, Chief Financial Officer,Principal, Vice President & Senior Manager for a variety of prominent companies in the investment andfinance sectors. His experience holding leadership positions has equipped him with the necessary skillsand expertise to provide excellent service to our clients and partners.

Admissibility of Intellectual Property Damages Experts

This presentation will discuss the results of a detailed study on admissibility of IP damages expert opinions – looking at trends in exclusion, reasons for challenges, disparities by district, and impacts from the Heartland decision, as well as changes to Federal Rule of Evidence 702.  In addition, recent admissibility opinions will be discussed including the en banc Federal Circuit ruling regarding admissibility in Ecofactor v. Google.

Copyright and Fair Use in Large Language Models

James Malackowski, Chief Intellectual Property Officer, J.S. Held LLC
James E. Malackowski is the Chief Intellectual Property Officer (CIPO) of J.S. Held LLC and the firm’s Intellectual Property (IP) Practice Leader.  He is a Co-founder and Senior Managing Director of Ocean Tomo, a part of J.S. Held.  Ocean Tomo provides Expert Opinion, Management Consulting, Advisory, and Specialty Services focused on matters involving intellectual property and other intangible assets. Practice offerings address economic damage calculations and testimony; business licensing strategy and contract interpretation; patent-focused business intelligence; portfolio development strategy; litigation support; trade secret reasonable measures; asset and business valuation; strategy and risk management consulting; merger and acquisition advisory; debt and equity private placement; and IP brokerage.  With more than 80 offices globally, J.S. Held assists clients – corporations, insurers, law firms, governments, and institutional investors – on complex technical, scientific, and financial matters across all assets and value at risk.

In 2025 the Licensing Executives Society International (LES) recognized Mr. Malackowski with its highest honor in the business of intellectual property – the LES Gold Medal. Mr. Malackowski is only the 31st recipient of the LES Gold Medal, first awarded in 1971. In 2022, along with Supreme Court Justice Stephen Breyer, Mr. Malackowski was inducted as the 87th member of the IP Hall of Fame, chosen by the IP Hall of Fame Academy from a long list of nominees put forward by the global IP community. Mr. Malackowski was further recognized by the Academy with the Q. Todd Dickinson Award, which honors those who have made significant contributions to IP as a business asset. Notably, Mr. Malackowski is only the seventh person to be recognized both with the LES Gold Medal and inclusion in the IP Hall of Fame, a combination generally regarded as the ultimate recognition in the IP services industry.

Raymond Van Dyke, Attorney, Van Dyke Intellectual Property Law

Raymond Van Dyke is an IP/Patent Attorney and Educator. He teaches MBA students about IP at the George Washington University Business School and in his practice he helps a variety of clients in their IP matters. He specializes in patent and trademark matters in various technologies, litigation, licensing, and procurement. After being a partner in big firms, he started his own IP consultancy in Washington, DC, with diverse domestic and international clientele and technologies, handling matters at the USPTO, Federal Circuit and local State and Federal courts. He is an Adjunct Professor at Geroge Washington University, and teaches IP courses for engineers, business people and other professionals at the University of Maryland and George Mason University, also teaching about the history and philosophy of IP, history of technology, famous inventors and deals, etc.  He has also taught at Southern Methodist University, American University, and across the world.  Ray also teaches at NIH and other institutions. He is the Senior Vice President of Special Events at LES and Chair of the LES DC Chapter; an AIPLA Fellow and former Chair of a number of Committees; Chair of the Montgomery County Bar Association IP Section, former Board Member of the DC Chapter of the ACM, former Board Member of ITechLaw (Computer Law Association); and continues his involvement in IPO, the MSBA, AIPPI, ABA, BIO, IEEE and other legal and technical organizations. Ray got his BS, MS in Computer Science and law degree from the University of North Carolina at Chapel Hill. He is licensed to practice in DC, MD, NY, NJ and TX, as well as the USPTO, and is a member of the U.S. Supreme Court, Federal, Second, Third, Fourth and Fifth Circuit Courts and a number of District Courts, Court of International Trade and Federal Court of Claims.  Ray also continues in his efforts to fight on behalf of the small inventor community in protecting the principles of the patent system.