Mastering The Use of Expert Witnesses in Intellectual Property Cases is a workshop designed to explore best practices for selecting expert witnesses, preparing expert reports, preparing experts to testify, and navigating the latest developments under Daubert. The format of the workshop will encourage sharing experience among participants.

Summary:
Trade secrets are one of the primary forms of intellectual property, along with patents, trademarks, and copyrights. Trade secrets essentially are confidential proprietary information that provide a competitive advantage by not being known or generally available to competitors. As a result, trade secrets are frequently valuable. Unlike patents, trademarks, and copyrights, trade secrets can only be established in court, as the existence of a trade secret is a question of fact to be determined by a jury.

Historically, various state laws primarily have protected trade secrets. This changed in May 2016, when the Defend Trade Secrets Act (DTSA) was signed into law. Under the DTSA, trade secret owners can bring a civil lawsuit under federal jurisdiction if the misappropriated product or service was used, or intended for use, in interstate or foreign commerce. The DTSA is intended to provide more consistent legal standards throughout the United States.

This program focuses on how expert analysis can help determine damages in trade secrets lawsuits.

Learning Objectives:
1. Understand when actual loss damages may be applicable, when unjust enrichment damages may be applicable, or when other forms of damages may be applicable
2. Understand the DTSA and UTSA
3. Understand relevant trade secrets damages case law

Program Agenda:
• The importance of understanding / defining the trade secret(s) at issue
• Available damage remedies under the DTSA and Uniform Trade Secrets Act (UTSA)
• Actual loss damages—lost profits
• Unjust enrichment damages
• Other forms of damages

Summary:
This presentation provides an overview of the calculation of damages involving individuals with losses from personal injury, wrongful death, employment termination, and employment discrimination cases. We will discuss the types of damages, the general approaches to damage estimation, and various specific damage calculations used in lawsuits and disputes involving individuals.

Summary:
Since 1790, companies and individuals have protected many of their most valuable ideas by obtaining U.S. utility patents. If a direct competitor or other company infringes a company’s or individual’s U.S. patent, the patent owner can sue the accused party or parties for patent infringement in U.S. Federal Court. Patent infringement lawsuits are often complex, contentious and expensive to litigate, and can result in significant damage awards to the patent owner.

If a patent owner can prove another company or party has made, used or sold a product covered by a patent without its permission, the patent owner is entitled, under 35 U.S.C. Section 284, to receive “damages adequate to compensate for the infringement, but in no event less than a reasonable royalty for the use made of the invention by the infringer, together with interest and costs as fixed by the court.”

This program focuses on how expert analysis can help determine damages in patent infringement lawsuits.

Learning Objectives:
1. Understand when lost profits may be applicable, when only reasonable royalty damages may be applicable, or when a combination of lost profits and a reasonable royalty (also known as “market share” damages) may be applicable
2. Understand the four Panduit Factors and how to address them in a lost profits analysis
3. Understand the fifteen Georgia-Pacific Factors and how to address them in a reasonable royalty analysis
4. Understand relevant patent damages case law

Program Agenda:
• The importance of understanding / defining the Patented Technology at issue
• Lost profits
• The Entire Market Value Rule
• Reasonable royalties
• The hypothetical negotiation