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What is That Patent Really Worth? Courts Take a Hard Look at the "Reasonable Royalty" Calculation


Come to Palo Alto in the heart of Silicon Valley and join leading judges, academics and practitioners for two days of in-depth presentations. The nationally-recognized faculty includes IP counsel from Apple, Google, and Cisco, practitioners from around the nation, and academics from Stanford and Berkeley. The Conference is jointly presented with the Stanford Program in Law, Science & Technology and the Berkeley Center for Law & Technology at UC Berkeley.

Keker & Van Nest Partner Gene Paige will serve as a panelist for "What is That Patent Really Worth? Courts Take a Hard Look at the "Reasonable Royalty" Calculation." The Federal Circuit and district courts have recently begun requiring experts to link reasonable royalty calculations to real-world facts related to the specific invention--e.g. Apple v. Motorola. Courts are also taking a close look at what facts are admitted into evidence, excluding sales data (Uniloc) and license data (ResQnet) that were employed erroneously to "drive up" the royalty rate. These cases do not always make clear whether it is the expert's method or data that should be excluded. The need for better methods and better data is especially strong in the case of complex products, which may embody hundreds of patents. This panel examines recent cases and discusses new economic methods that hold promise for satisfying the new standards that have emerged in them.

About Gene Paige

Gene Paige focuses his practice on complex civil litigation. He successfully defends clients from infringement claims, and prosecutes cases on behalf of innovators who have had the fruits of their labor misappropriated. Mr. Paige has tried nearly a dozen criminal and civil cases in state and federal courts, serving as first chair in the majority of those cases.

He has litigated cases that involve cutting-edge technology such as semiconductor fabrication process technology, the co-expression of recombinant DNA, and the use of innovative methods of conducting business online. He enjoys learning about diverse subject matter areas and industries, and then constructing a winning strategy that will serve both the client’s legal needs and its business objectives.