Applying patent royalties to the end product does not make sense when the patent claims cover only a small innovation in a small component of that end product. Yet the process of deciding how to reduce the royalty base is fraught with peril. In this presentation, you will hear how the courts are using the Nash Bargaining Solution (NBS) and conjoint analysis as tools to apportion value in patent damages. Dr. Vanderhart will give a brief theoretical overview of these approaches, and will describe what information is needed in order to support an analysis based on these models and maximize the likelihood of surviving a Daubert challenge.
Jennifer Vanderhart, Ph.D., Economics, Managing Director, FTI Consulting, Washington, D.C.
Jim Myers, Partner, Ropes & Gray, LLP
For further information, please email: RGevents@ropesgray.com
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