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Calculating Returns-on-Patent Litigation Expenditures

About the Course: Patent damages awards have reached stratospheric levels. Centripetal Networks recently won a nearly $2 billion award against Cisco Systems and Caltech received verdicts totaling $1.1 billion against Broadcom and Apple in January 2020. Other lucrative patent assertion efforts include: a US $200 million award by the USAA against Wells Fargo in November 2019 (which was later increased by another US $100 million to reflect willful infringement), a US $752 million award to Sloan Kettering against Kite Pharma in December 2019, a US $500 million award to VirnetX against Apple which was confirmed in 2020, a US $400 million to KAIST against Samsung (later settled for $200 million), a $506 million award to the University of Wisconsin against Apple in 2018 (later overturned), a US $155 award million to Bayer Healthcare against Baxalta Inc. in February 2019, and a US $137 million award to Rocher Diagnostics against Meso Corp in December 2019. If you believe large companies are infringing your patents, should you assert those patents? The lure of receiving generous damages awards is tempting. However, patent litigation is extraordinarily expensive and the odds of winning are far from a sure bet. Even the costs of taking the first steps—such as commissioning claims charting—can become intimidating. This webinar discusses how Monte Carlo Analysis can be employed to determine the returns-on-initial patent litigation expenditures by taking into account dozens of variables run through 1,000 scenarios. The modeling allows the patentee to forecast thousands of possible scenarios. Everything from receiving an unsolicited offer in year one to receiving treble damages in year seven. From achieving a pre-judgment settlement in year three to being required to pay the defendant’s attorneys’ fees in year six. At the end of the analysis, the minimum, maximum, average and median net present values are clearly laid out. So too is the average return-on-initial investment and the number of scenarios in which the net present value exceeds the cost of the initial investment by at least ten times. Course Leaders: David Wanetick, CEO, IncreMental Advantage David Wanetick has valued thousands of patents for Fortune 100 companies, start-ups, university technology transfer offices, national laboratories, and hedge funds. David is active in monetizing patents. He is a Managing Director at JD Merit, a boutique investment bank. He developed and runs the Certified Patent Valuation Analyst designation. The CPVA program has been run all over the world for nearly 10 years. Some 250 testimonials are available at the CPVA website. David is the author of seven books including Plight of the Patentee: The Case for Restoring Inventors’ Rights; Solution Nation: One Nation is Disproportionately Responding to the World’s Most Intractable Problems; The Strategic Negotiator: A Manual for Negotiating at the Elite Level; and, Business Model Validation: What Makes Business Models Work.
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