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Intellectual Property Damages: Guidelines and Analysis / Edition 1

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Overview

A comprehensive resource for anyone involved in intellectual property litigation

With Intellectual Property Damages you'll get the basics of the intellectual property litigation process, the essential "rules" in postulating damages theories, the basics of IP law, the economic policies that are the foundation for much of IP litigation, the skills necessary to correctly calculate damages in IP cases—and more!

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What People Are Saying

From the Publisher
"As one of the cofounders of the National Association of Certified Valuation Analysts (NACVA) and President/CEO for the past ten years, I have had a wide involvement in the valuation field, including: teaching and publishing, as well as performing valuations of all kinds. The clarity, accuracy and comprehensive nature of this book is a refreshing and welcomed addition to the area of intellectual property valuation, which is an area of limited publications. The authors explain valuation in a way that is neither simplistic nor overly academic, and show how valuation principles can be used in intellectual property cases. I enthusiastically recommend this book as a vital addition to any valuation professional's library of literature on calculating intellectual property damages."
Parnell Black, MBA, CPA, CVA
CEO-NACVA

"Intellectual Property Damages is a virtuoso performance. Because it explains not only the usual practice of Intellectual Property damages analysis, but the underlying reasoning in an accessible and understandable way, this book is a must have for anybody who wants to be a serious practitioner in the field of Intellectual Property damage estimation."
Duncan Cameron
Managing Director
LECG's Antitrust Practice

"This book is a wonderful application of heightened academic rigor and modern economic and financial theory to the work done by experts and attorneys in intellectual property litigation. This book walks the reader through increasingly complex analysis, without forgetting that few, if any, of its readers will be well-versed in economics, finance, accounting, and litigation skills. I recommend the book to anyone interested in increasing their understanding of this complicated area."
Robert D. Tollison
Robert M. Hearin Professor of Economics
University of Mississippi

Parnell Black
As one of the cofounders of the National Association of Certified Valuation Analysts (NACVA) and President/CEO for the past ten years, I have had a wide involvement in the valuation field, including: teaching and publishing, as well as performing valuations of all kinds. The clarity, accuracy and comprehensive nature of this book is a refreshing and welcomed addition to the area of intellectual property valuation, which is an area of limited publications. The authors explain valuation in a way that is neither simplistic nor overly academic, and show how valuation principles can be used in intellectual property cases. I enthusiastically recommend this book as a vital addition to any valuation professional's library of literature on calculating intellectual property damages.
—Parnell Black, MBA, CPA, CVA, CEO-NACVA
Duncan Cameron
Intellectual Property Damages is a virtuoso performance. Because it explains not only the usual practice of Intellectual Property damages analysis, but the underlying reasoning in an accessible and understandable way, this book is a must have for anybody who wants to be a serious practitioner in the field of Intellectual Property damage estimation.
—Duncan Cameron, Managing Director, LECG's Antitrust Practice
Robert D. Tollison
This book is a wonderful application of heightened academic rigor and modern economic and financial theory to the work done by experts and attorneys in intellectual property litigation. This book walks the reader through increasingly complex analysis, without forgetting that few, if any, of its readers will be well-versed in economics, finance, accounting, and litigation skills. I recommend the book to anyone interested in increasing their understanding of this complicated area.
—Robert D. Tollison, Robert M. Hearin Professor of Economics, University of Mississippi
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Product Details

  • ISBN-13: 9780471237198
  • Publisher: Wiley
  • Publication date: 12/9/2002
  • Edition number: 1
  • Pages: 504
  • Product dimensions: 10.00 (w) x 7.00 (h) x 1.06 (d)

Meet the Author

Mark A. Glick has a Ph.D. in economics and a J.D. in law. He is a professor of economics at the University of Utah Department of Economics, where he teaches law and economics and industrial organization. He also serves as Of Counsel with the law firm Parsons Behle & Latimer, where he practices in the areas of intellectual property and antitrust. He is a graduate of UCLA, The New School for Social Research, and Columbia University.

Lara A. Reymann is a member of the Litigation Department at Parsons Behle & Latimer, where she practices intellectual property law. Ms. Reymann graduated cum laude from Dartmouth College with a B.A. in government and a minor in philosophy. She received her J.D. with honors from the University of Chicago Law School, where she worked in the Mandel Legal Aid Clinic for several years.

Richard Hoffman is a director at LECG with over 12 years of experience in accounting and consulting. He is a CPA and is Accredited in Business Valuations. Rick worked at international accounting firms for approximately 10 years before joining LECG in 2000. He also has been an adjunct professor at the University of Utah.

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Table of Contents

Preface.

Introduction by Robert Goldscheider.

PART ONE: LEGAL, ECONOMIC, AND FINANCIAL FOUNDATIONS OF INTELLECTUAL PROPERTY DAMAGES.

Chapter 1. The Litigation Process.

Chapter 2. Damage Principles and Daubert.

Chapter 3. Introduction to the Economics of Intellectual Property Damage Calculations.

Chapter 4. Introduction to Accounting Principles in Intellectual Property Damages.

Chapter 5. Financial Principles Used in Intellectual Property Damages.

PART TWO: PATENT INFRINGEMENT DAMAGES.

Chapter 6. Introduction to Patent Law.

Chapter 7. How to Calculate Patent Damages.

Chapter 8. Introduction to the Antitrust Laws.

Chapter 9. The Intellectual Property–Antitrust Interface.

PART THREE: COPYRIGHT, TRADEMARK, AND TRADE SECRET DAMAGES.

Chapter 10. Introduction to Copyright Law.

Chapter 11. Introduction to Trademark Law and Trade Secret Law.

Chapter 12. Misuse of Copyrights, Trademarks, and Trade Secrets.

Chapter 13. How to Calculate Copyright, Trademark, and Trade Secret Damages.

Chap ter 14. The Nuts and Bolts of Intellectual Property Damage Calculation.

PART FOUR: APPENDICES.

Appendix A: Sample Requests for Production of Documents and Interrogatories.

Appendix B: Sample Expert Report of John Smith.

Appendix C: Antitrust Guidelines for the Licensing of Intellectual Property.

Appendix D: Sample Patent.

Appendix E: United States Code (U.S.C.) Title 35—Patents.

Appendix F: Copyright Act of 1976.

Appendix G: Trademark Act of 1946 ("Lanham Act"),  as Amended.

Appendix H: Uniform Trade Secrets Act with 1985 Amendments.

Appendix I: Restatement of the Law, 3rd, Unfair Competition.

Index.

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