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Cutting Edge Issues in Patent Damages


Level: Advanced
Runtime: 92 minutes
Recorded Date: January 13, 2020
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Agenda


  • Legal Review
  • Damages Considerations
  • Trial Presentation

Runtime: 1 hour, 92 minutes
Recorded: January 13, 2020

Description

A panel that includes a seasoned litigator, experienced testifying damages expert, and prolific trial support expert will present on not only the recent damages decisions but also on how to effectively communicate those to a jury. You'll learn how to showcase a damages theory to the jury from both the perspective of a defendant and a plaintiff.

The panel will also present effective ways to convey a damages story using real-world scenarios.

This program was recorded on January 13th, 2020.

Provided By

American Bar Association
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Panelists

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Jason T. Barnes

Managing Partner
J.T. Barnes & Associations, PLLC

Jason's work centers on the common financial and personal threads that tie together individuals, family offices, private and public institutions focused on alternative investments and capital finance. He is expert in implementing an objective, harmonizing approach. His technical work focuses on structuring, documenting and negotiating across borders both physical and figurative in order to help link capital providers and those seeking capital, be they early-stage venture capitalists to multi-lateral family offices. His experience is agnostic in terms of client base or origin, working on a highly diverse and non-traditional basis.

One such example is his over 10 years' experience with the U.S. EB-5 Program. It is one area of expertise in which Jason coordinates groups of diverse professionals and people around the world in order to achieve client investment and personal objectives. In EB-5, Jason is among the nation’s leading transactional and legal authorities. However, that work itself was born of his consistent and extensive experience representing the largest banks and financial institutions in the world, a multitude of private and public investment funds, investment managers, advisers and principals, and high net worth individuals in executing a wide variety of transactions both within and without the United States.

In total, Jason's almost 20 years' experience spans work with investors and families in over 45 countries worldwide, hundreds of financial institutions and over 800 primary transactions (finance and investment) and fund formations involving in aggregate well in excess of $80 billion of at-risk capital.

As a core personal mission, Jason works regularly on a pro bono basis to educate members of the investment community on the merits of investing in underserved and emerging markets, driving capital to and yielding results from, "double bottom line" investments. He speaks frequently on this subject, in addition to globally to investors seeking to marry profit and purpose, or combine social, family and financial objectives. It is Jason's belief that capital is far more human than most in the business would have people believe. The personal goals of his clients are not something he ever takes lightly. This includes planning for philanthropy and impact investing.

Jason received his J.D. from Emory University School of Law, in Atlanta, Georgia, and a B.S. in Economics from Georgia Institute of Technology, also in Atlanta. Work in global syndicated finance brought him originally to Dallas, where our firm is headquartered and he has practiced nearly his entire career.

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Danielle J. "DJ" Healey

Senior Principal
Fish & Richardson, P.C.

Danielle (DJ) Healey has been litigating complex cases in federal, state courts, and agencies, and handling licensing, antitrust, mediation and arbitration matters for over 34 years. She has focused on patent litigation and related antitrust and tort claims since 1994.

Ms. Healey has tried cases in the federal and state courts, International Trade Commission, International Chamber of Commerce (Arbitration), American Arbitration Association, NASD Arbitration Forum, and private arbitration. She has argued appeals in the Federal Circuit, Fifth Circuit and Fourth Circuit Courts of Appeals, as well as the Texas Supreme Court and Texas Intermediate Courts of Appeals. Ms. Healey has been actively involved in planning and executing multi-jurisdictional strategies involving courts in the U.S. and Europe, and administrative agencies (including reviews in the USPTO, invalidity and declaratory judgment actions in Europe, and state regulatory matters). Ms. Healey has worked on patent and antitrust issues with the Federal Trade Commission, and has represented clients intellectual property related competition matters before the Federal Trade Commission, the European Union, and Texas state authorities.

Ms. Healey has been involved in negotiating patent licenses in the semiconductor and software industries, she has represented clients in dealing with obligations and licensing in standard-setting organizations, she has been general counsel to a standard-setting group, and she has litigated the substantive and anticompetitive effects of licenses in court, in arbitration, and in administrative agencies.

Ms. Healey has also been an active speaker and author on trade secret, patent extraterritorial liability, patent damages, IP related antitrust law, arbitration and mediation. She has been fortunate enough to have been recognized by industry polls and publications for her work.

Ms. Healey graduated from the University of Texas School of Law in 1985 with honors, and Brown University in 1982. Ms. Healey served as law clerk to the Honorable James DeAnda, United States District Judge, Southern District of Texas, from 1985-1987.

Ms. Healey was one of the founders of the Houston IP Inn of Court, has been active in the State Bar of Texas Intellectual Property Committee, the Eastern District of Texas Bar Association, and community projects where she lives in the Houston area. Prior to opening Fish & Richardson’s Houston Office, Ms. Healey was a partner in the patent litigation section of an international law firm, and previously was a partner in her own patent litigation boutique firm, as well as a national patent litigation boutique firm in Houston, Texas.

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Ambreen Salters

Partner
StoneTurn

Ambreen Salters has more than 15 years of experience in consulting to clients and counsel involved in intellectual property and complex commercial disputes. She has assisted clients by providing a wide range of economic analyses, including lost profits, reasonable royalties, price erosion, unjust enrichment, disgorgement of profits, and market and capacity assessments.

Ambreen has testified for both plaintiffs and defendants engaged in intellectual property litigation, and has been designated as an economic expert in Federal Court (Central and Southern Districts of California, Eastern District of Virginia, Eastern and Southern Districts of Texas, New Jersey, Southern District of New York, Western District of Washington, Colorado) and State Court, as well as in arbitration proceedings.

Ambreen has been included on the short list of IAM Patent 1000’s top patent damages experts in the U.S every year since 2014. According to IAM Patent 1000, Ambreen “is an economics and finance whizz, who not only provides incisive and comprehensive damages analyses, but also presents them persuasively, resonating with judges and juries alike.”

Ambreen’s expertise specifically includes economic analyses of patent, trademark, copyright and trade secret matters across a wide range of industries such as aerospace, automotive, computer hardware, Internet and software, gaming, medical devices, pharmaceuticals, semiconductors and telecommunications. She has also participated in licensing negotiations, designed and managed royalty audits and performed intellectual property valuations for licensors and licensees.

Ambreen also has extensive experience in complex commercial disputes. She has advised clients on matters such as breach of contract, anti-competition, employment and breach of fiduciary duty, purchase and sale agreements, lost profits, stock valuation disputes, lost wages and sales trends.

Prior to joining StoneTurn, Ambreen was the Strategic Initiatives Coordinator in the Houston Branch of the Federal Reserve Bank of Dallas, where she was responsible for the analysis of and reporting on profitability trends in the commercial banking and energy industries; evaluation of the Federal Reserve’s role in the U.S. check system and its competitive effects on the payments industry; and decentralization issues within the Federal Reserve System. Previously, she was a consultant with InteCap (now CRA) and Huron Consulting Group.

Ambreen serves as an adjunct professor of economics at Houston Baptist University.


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