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July 20, 2011
Brattle Consultants Kevin Neels and Nathan Barczi Led CLE Webcast on Reasonable Royalty Damages in Patent Litigation

Kevin Neels, a principal in Brattle’s Washington, DC office, and Nathan Barczi, an associate in the Cambridge office, recently led a West LegalEdcenter’s continuing legal education (CLE) webcast on “Reasonable Royalty Damages in Patent Litigation: The Economics of the Hypothetical Negotiation." One of the critical Georgia Pacific factors for establishing damages in a patent infringement case is the royalty rate that would be arrived at in a hypothetical patent licensing negotiation between a willing licensor and a willing licensee. Recent decisions by the Federal Circuit have drastically altered the landscape regarding reasonable royalty damages, and have raised the bar considerably in terms of the analytical and evidentiary standards that must be met in order to support a royalty damages claim. Dr. Neels and Dr. Barczi described how economic analysis offers a rich set of tools for analyzing bargaining situations such as the hypothetical negotiation, and predicting how they are likely to be resolved. These tools can provide valuable support for legitimate royalty damages, and can expose the weaknesses of spurious, inflated or arbitrarily drawn claims. Dr. Neels and Dr. Barczi were joined by David Movius, a partner at McDonald Hopkins, for this program, which reviewed recent seminal cases relating to royalty damage claims, provided an overview of economically-based approaches to the analysis of the hypothetical negotiation, and offered practice guidelines for practitioners who prosecute and defend against royalty damage claims. To access an audio recording of the webinar, please visit the West LegalEdcenter website.