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Recent Developments in Patent Infringement Damage Awards
LIVE Webcast
Sarah Chapin Columbia
Partner, Head Intellectual Property Litigation Practice Group
McDermott Will & Emery LLP
Sarah Chapin Columbia is a partner in the law firm of McDermott Will & Emery LLP and is head of the Intellectual Property Litigation Practice Group. Her practice focuses on intellectual property litigation including patent, trademark, copyright and trade secret matters. She also counsels clients on overall intellectual property strategy and positioning, including litigation avoidance. She also has extensive experience in representing clients in private arbitration proceedings under the rules and procedures of the International Chamber of Commerce, Swiss Chamber of Commerce, World Intellectual Property Organization, American Arbitration Association and other organizations.
Sarah has appeared in several state, federal district and appellate courts. She represents clients across several industries including semiconductor, biotechnology, internet, hardware and software, medical device and manufacturing companies.
Sarah is active in her local community. She is an officer on the board of Family Service of Greater Boston, a member of the Boston Athenaeum, the Museum of Fine Arts, the Museum of Science and the New England Aquarium and has previously served on the board of the Boys and Girls Club of Charlestown. She also participates in the Wesleyan University Alumni Association and Alumni Schools Committee.
She is the author of “Irreparable Harm and Injunctions,” 2007 Leadership Forum, PricewaterhouseCoopers, February 2007 and the co-author of “Beware Patent Trolls,” Risk Management Magazine, April 2006.
Sarah has been highly recognized as a leader in her field by Chambers USA and Benchmark Litigation. Sarah earned her J.D. from Harvard Law School, magna cum laude, her MPP from the John F. Kennedy School of Government and her B.A. in economics from Wesleyan University. She is a member of the American Intellectual Property Law Association, the Boston Bar Association and the Massachusetts Bar Association. She is admitted to practice in Massachusetts, the U.S. Courts of Appeal for the Federal Circuit, First Circuit, Second Circuit, Ninth Circuit and the Supreme Court of the United States.
Cynthia Lopez Beverage
Of Counsel
Morrison & Foerster LLP
Ms. Beverage is engaged in the practice of intellectual property counseling and litigation. Ms. Beverage began counseling on and litigating intellectual property cases in 2000 while an associate, and later a partner, at a regional law firm in Texas. She is currently engaged in all aspects of trial work before federal district courts and the International Trade Commission in patent infringement cases in a wide array of industries, sciences and technologies.
Ms. Beverage joined the Washington, D.C., office of Morrison & Foerster LLP in March of 2007. Immediately prior to joining the firm, she served as a judicial clerk for the Honorable Randall R. Rader on the Court of Appeals for the Federal Circuit. Prior to her judicial clerkship, she obtained her Masters of Law degree in Intellectual Property Law at The George Washington University Law School, after being a trial lawyer with two regional law firms in Texas since 1993. Ms. Beverage has also served as a legal fellow working for the House Subcommittee on Courts, the Internet and Intellectual Property.
Ms. Beverage has written and lectured on various commercial, insurance, real estate and intellectual property litigation matters. She also recently authored Should Congress Do Something About Upstream Clogging Caused by the Deficient Utility of Expressed Sequence Tag Patents?, 10 J. TECH. L. & POL’Y 35 (2005).
Ms. Beverage received her B.A. degree, magna cum laude, from Bryan College. She received her J.D. degree from the Southern Methodist University Dedman School of Law. She received her Masters of Law degree in Intellectual Property Law from The George Washington University Law School. She is admitted to practice in the District of Columbia, Texas, the Western and Southern Districts of Texas, and the United States Court of Appeals for the Federal Circuit.
Mark P. Wine
Partner
Orrick Herrington & Sutcliffe LLP
Mark P. Wine, a partner in Orrick’s Orange County office, is a member of the Intellectual Property Group. Mark is a trial lawyer with extensive experience in all aspects of intellectual property litigation on behalf of clients in a broad spectrum of business and industry. He has been in private practice for more than 30 years and has represented clients in contested intellectual property matters in more than 20 states.
Mr. Wine’s intellectual property litigation experience includes all phases of discovery, prior art research, pretrial, jury and bench trial work, post-trial motions and appeals before the Fourth, Seventh, Eighth, Ninth and Federal Circuits, and he has represented clients before the International Trade Commission (ITC) in Section 337 proceedings.
Recently Mark, as lead counsel, obtained a very favorable settlement for a European company that manufactures cutting edge proton beam therapy systems for use in treating tumors in the course of patent infringement litigation that had been pending for more than five years. Mark's team succeeded in invalidating two of the five patents asserted against their client on summary judgment and successfully defended that outcome in the Federal Circuit. The case settled just before trial on remaining issues. The settlement amount represented approximately one-half of one percent of the amount originally demanded in the plaintiff's complaint.
In addition, Mark has defended one of the world's leading consumer electronics manufacturers in patent infringement litigation involving plasma screen displays. The case involved claims and counterclaims covering 16 patents and was settled favorably following an intensive discovery and claims construction battle.
Over the past four years, Mark has appeared in numerous cases in the Eastern District of Texas for a number of Fortune 500 companies. All of those matters have been successfully resolved short of trial.
Dr. Elizabeth Bailey
Vice President
NERA Economic Consulting
Dr. Bailey specializes in the analysis of the effects of proposed mergers, acquisitions, and joint ventures on competition. She has provided economic analysis on mergers and acquisitions in the US and Europe, and has appeared before the US Department of Justice and the Federal Trade Commission on a variety of transactions. In the area of intellectual property, Dr. Bailey has analyzed damages in patent infringement litigation and has evaluated competition issues related to patents. Dr. Bailey has also provided economic analysis of the issues arising in price fixing, bid rigging, antitrust damages, attempted monopolization, and breach of contract.
Dr. Bailey has published several academic papers and serves as a referee for various peer-reviewed academic journals. Her papers have appeared in American Economic Review, Journal of Economic Perspectives, The B.E. Journal of Economic Analysis & Policy, Managing IP, and The Electricity Journal. She is also the co-author of the book Markets for Clean Air: The US Acid Rain Program, published by Cambridge University Press. In addition, Dr. Bailey serves on the Editorial Board of the Antitrust Source, the online magazine of the American Bar Association’s Section of Antitrust Law. Prior to joining NERA, Dr. Bailey was an award-winning teacher in the W.P. Carey business school at Arizona State University.
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