Intellectual Property Damages

A comprehensive resource for anyone involved in intellectual property litigation

With Intellectual Property Damages you'll get the basics of the intellectual property litigation process, the essential "rules" in postulating damages theories, the basics of IP law, the economic policies that are the foundation for much of IP litigation, the skills necessary to correctly calculate damages in IP cases--and more!

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Preface.

Introduction by Robert Goldscheider.

PART ONE: LEGAL, ECONOMIC, AND FINANCIAL FOUNDATIONS OF INTELLECTUAL PROPERTY DAMAGES.

Chapter 1. The Litigation Process.

Chapter 2. Damage Principles and Daubert.

Chapter 3. Introduction to the Economics of Intellectual Property Damage Calculations.

Chapter 4. Introduction to Accounting Principles in Intellectual Property Damages.

Chapter 5. Financial Principles Used in Intellectual Property Damages.

PART TWO: PATENT INFRINGEMENT DAMAGES.

Chapter 6. Introduction to Patent Law.

Chapter 7. How to Calculate Patent Damages.

Chapter 8. Introduction to the Antitrust Laws.

Chapter 9. The Intellectual Property–Antitrust Interface.

PART THREE: COPYRIGHT, TRADEMARK, AND TRADE SECRET DAMAGES.

Chapter 10. Introduction to Copyright Law.

Chapter 11. Introduction to Trademark Law and Trade Secret Law.

Chapter 12. Misuse of Copyrights, Trademarks, and Trade Secrets.

Chapter 13. How to Calculate Copyright, Trademark, and Trade Secret Damages.

Chap ter 14. The Nuts and Bolts of Intellectual Property Damage Calculation.

PART FOUR: APPENDICES.

Appendix A: Sample Requests for Production of Documents and Interrogatories.

Appendix B: Sample Expert Report of John Smith.

Appendix C: Antitrust Guidelines for the Licensing of Intellectual Property.

Appendix D: Sample Patent.

Appendix E: United States Code (U.S.C.) Title 35—Patents.

Appendix F: Copyright Act of 1976.

Appendix G: Trademark Act of 1946 ("Lanham Act"), as Amended.

Appendix H: Uniform Trade Secrets Act with 1985 Amendments.

Appendix I: Restatement of the Law, 3rd, Unfair Competition.

Index.

Mark Glick, JD, PhD is a professor of economics at the University of Utah where he teaches industrial organization, antitrust economics and law and economics. He has also taught antitrust law and regulated industries in the College of Law. Glick has over 15 years of experience in law and economics issues and litigation. He has been involved in numerous cases as a consultant, attorney and/or expert involving regulated antitrust, intellectual property damages, and commercial damages.

Lara A. Reymann, JD is an attorney with Parsons Behle Latimer, Salt Lake City UT whose practice focuses on intellectual property litigation. She is a member of the American Bar Association's Intellectual Property Law Section and Litigation Section. She has been a pressnter on the topic of IP damages at several conferences and seminars. A comprehensive resource for anyone involved in intellectual property litigation

As the number of cases involving intellectual property (IP) increases, so does the demand for individuals who can create, support, and prove an effective theory of damages in those cases. Intellectual Property Damages presents the basics of intellectual property, the litigation process, the essential "rules" in postulating damages theories, the economic principles that are the foundation for much of IP damages, and the skills necessary to correctly calculate damages in IP cases. Legal professionals and their clients will benefit from the unique combination of knowledge acquired from the author’s experience with law, economics, accounting, and (to a more limited extent) finance in the context of IP damages theories. Intellectual Property Damages contains case summaries, useful forms for discovery, examples of effective expert opinions and testimony, and detailed calculations under various theories of damages. It also incorporates graphs illustrating economic principles, equations that might be used to support (or detract from) a damages theory, and examples of legal documents that commonly appear in IP litigation.

"As one of the cofounders of the National Association of Certified Valuation Analysts (NACVA) and President/CEO for the past ten years, I have had a wide involvement in the valuation field, including: teaching and publishing, as well as performing valuations of all kinds. The clarity, accuracy and comprehensive nature of this book is a refreshing and welcomed addition to the area of intellectual property valuation, which is an area of limited publications. The authors explain valuation in a way that is neither simplistic nor overly academic, and show how valuation principles can be used in intellectual property cases. I enthusiastically recommend this book as a vital addition to any valuation professional's library of literature on calculating intellectual property damages."
Parnell Black, MBA, CPA, CVA
CEO-NACVA

"Intellectual Property Damages is a virtuoso performance. Because it explains not only the usual practice of Intellectual Property damages analysis, but the underlying reasoning in an accessible and understandable way, this book is a must have for anybody who wants to be a serious practitioner in the field of Intellectual Property damage estimation."
Duncan Cameron
Managing Director
LECG's Antitrust Practice

"This book is a wonderful application of heightened academic rigor and modern economic and financial theory to the work done by experts and attorneys in intellectual property litigation. This book walks the reader through increasingly complex analysis, without forgetting that few, if any, of its readers will be well-versed in economics, finance, accounting, and litigation skills. I recommend the book to anyone interested in increasing their understanding of this complicated area."
Robert D. Tollison
Robert M. Hearin Professor of Economics
University of Mississippi