Hosted by the Greater Washington, D.C., LES Chapter
IP Damages Theories and the Supreme Court on Disgorgement
Wednesday, October 28, 2020
12:00 pm - 1:00 pm Eastern Time
11:00 am - 12:00 pm Central Time
10:00 am- 11:00 am Mountain Time
9:00 am - 10:00 am Pacific Time
The five largest areas of IP – design patent, utility patent, trademark, trade secret, and copyright – each have their own distinct rules when it comes to disgorgement. Disgorgement is generally meant as a deterrence mechanism, disincentivizing infringement by removing the rewards of such infringement. This differs from an award of lost profits, which is available as a remedy, when appropriate, under all IP allegations, and is meant to compensate the owner of the IP for the amount they would have made but-for the infringement. However, after an allocation analysis, disgorgement and reasonable royalty calculations should, in theory, reflect a similar finding. This program will discuss recent Supreme Court decisions addressing disgorgement, and compare and contrast different theories of damages in intellectual property matters.
Jennifer Vanderhart is a PhD Economist and is responsible for providing a range of services, including litigation support services and economic consulting. She specializes in applied econometrics and microeconomic analysis, including theoretical and empirical analysis in the areas of intellectual property, antitrust, breach of contract, international arbitration proceedings, and commercial damages. She has more than 20 years’ experience in the evaluation and quantification of economic damages including claims arising from patent, copyright or trademark infringement, trade secret misappropriation, contract disputes, employment discrimination, and claims of expropriation by foreign governments. Dr. Vanderhart has testified in federal and state courts and in domestic and international arbitration proceedings. She has assisted companies in patent and trademark licensing negotiations, royalty investigations and calculations, and intellectual property and asset valuations.
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