Intellectual Property Master Class: Economics and Patent Damages

August 10, 2004

The Ropes & Gray Intellectual Property Master Class is a series of complimentary one-hour teleconference seminars on cutting-edge Intellectual Property issues for senior business executives, corporate IP attorneys and consultants hosted by Ropes & Gray partner Jim Myers.

Matt Lynde, Ph.D., Vice President, Cornerstone Research presented the economic fundamentals that underly certain theories of patent damages theories within the constraints of U.S. patent law, such as lost sales, lost profits, price erosion, non-infringing alternatives and convoyed sales. Dr. Lynde showed how these case law concepts fit within the context of the scientific economics literature. The support of expert damages opinions in the concepts and methods of this literature, as well as in the facts of the case, in Dr. Lynde's view will determine whether the opinions will withstand Daubert/Kumho challenges and Federal Circuit review.