Intellectual Property Damages: Guidelines and Analysis / Edition 1

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Overview

The first supplement to Intellectual Property Damages: Guidelines and Analysis contains the following new chapters:

  • Chapter 5A: Applying Statistical Analysis to the Market Approach
  • Chapter 5B: Use of Event Studies in Damage Calculations
  • Chapter 7A: How to Calculate Patent Damages-Update
  • Chapter 14A: Cost Analysis
  • Chapter 14B: Risk, Discount Rates, and Prejudgment Interest
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What People Are Saying

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
  • Sales rank: 1,222,619
  • 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
Pt. 1 Legal, Economic, and Financial Foundations of Intellectual Property Damages 1
Ch. 1 The Litigation Process 3
Ch. 2 Damage Principles and Daubert 27
Ch. 3 Introduction to the Economics of Intellectual Property Damage Calculations 43
Ch. 4 Introduction to Accounting Principles in Intellectual Property Damages 73
Ch. 5 Financial Principles Used in Intellectual Property Damages 101
Pt. 2 Patent Infringement Damages 121
Ch. 6 Introduction to Patent Law 123
Ch. 7 How to Calculate Patent Damages 139
Ch. 8 Introduction to the Antitrust Laws 169
Ch. 9 The Intellectual Property - Antitrust Interface 207
Pt. 3 Copyright, Trademark, and Trade Secret Damages 219
Ch. 10 Introduction to Copyright Law 221
Ch. 11 Introduction to Trademark Law and Trade Secret Law 253
Ch. 12 Misuse of Copyrights, Trademarks, and Trade Secrets 297
Ch. 13 How to Calculate Copyright, Trademark, and Trade Secret Damages 315
Ch. 14 The Nuts and Bolts of Intellectual Property Damage Calculation 349
Pt. 4 Appendices 369
A Sample Requests for Production of Documents and Interrogatories 371
B Sample Expert Report of John Smith 377
C Antitrust Guidelines for the Licensing of Intellectual Property 385
D Sample Patent 417
E United States Code (U.S.C.) Title 35 - Patents 427
F Copyright Act of 1976 435
G Trademark Act of 1946 ("Lanham Act"), as Amended 449
H Uniform Trade Secrets Act with 1985 Amendments 459
I Restatement of the Law, 3rd, Unfair Competition 463
Index 469
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