1. Opening Moves: Plaintiff and Defendant Perspectives on Getting the Information You Need to Intelligently Decide On What to Sue or to Defend Thomas J. Scott, Jr.

2. UNDERSTANDING THE COMPENSATORY DAMAGES AVAILABLE TO A PATENTEE:  Making Initial Infringement Analysis  Obtaining Obtaining public available information regarding the infringing product  Product samples for detailed analysis and possible reverse engineering  Manuals and other promotional literature  Website product and marketing data

3. UNDERSTANDING THE COMPENSATORY DAMAGES AVAILABLE TO A PATENTEE:  Understanding the Scope of Infringement  What products, methods and services infringe the patent  Where do those products, method and services fit into the infringer’s overall marketing plan

4. UNDERSTANDING THE COMPENSATORY DAMAGES AVAILABLE TO A PATENTEE:  Is the Patented Item Marketed Separately or is it a Component of a Larger Product or Service

5. UNDERSTANDING THE COMPENSATORY DAMAGES AVAILABLE TO A PATENTEE:  Is the Success of the Infringers Overall Product Sales or Service Methodology Attributable to the Patent

6. COLLECTING SALES INFORMATION:  Publicly Available sources  SEC filings Annual Reports  Trade Association Data  Competitive Intelligence  Information from Own Sales Force

7. MODELING INFRINGEMENT DAMAGES:  Lost Profits  Sales Data  Own Internal Accounting Information

8. MODELING INFRINGEMENT DAMAGES:  Reasonable Royalty  Sales Data  Profitability of Infringer’s Product  Analysis of Market Factors  Conveyed Sales  Other Licenses  Evaluation of Appropriate Royalty Base  Evaluation of Appropriate Royalty Rate  Hypothetical Negotiation

9. ENHANCED DAMAGES:  Investigation re Infringer’s Knowledge of the Patent  Has there been a dialogue with the Infringer  What does Infringer say in the Marketplace Regarding the Patent  Any other Indicia of Infringer Knowledge of Patent  Statements of Infringer’s Sales Force Regarding Patent