Hypothetical and Breakout Discussions: An Interactive Debate on How to Prove Domestic Industry in the Current Landscape

February 24, 2015 12:15pm

Vincent A. Thomas
Senior Managing Director, Co-Leader Intellectual Property
FTI Consulting

Erin Gibson
DLA Piper (San Diego, CA)

Jae Kim
Senior Vice President and General Counsel

Steve Romine
Chief Intellectual Property Counsel
Bose Corporation

David E. Killough
Assistant General Counsel
Microsoft Corporation (Redmond, WA)

Panel Moderator:

Charles H. Sanders
Goodwin Procter LLP

Using recent and current cases as a guide for the discussion, session leaders will go through the ins and outs of proving DI based on recent case law. Attendees will be broken up into smaller groups to foster an active discussion on the most current, debatable issues.

  • Economic v. technical prong issues
  • When to prove the connection between economic expenses and IP at stake
  • Proving DI in trade secret cases v. patent cases: Proving actual economic injury
  • When to bring in an economic expert to prove DI and to help prove injury
  • Understanding what types of proof are necessary to prove DI