Insights on the ITCTLA’s Mock Hearing, Counterfeit Goods, and Uncertainty in Patent Litigation

Welcome to the ninety-fourth edition of Ocean Tomo Insights, our weekly LinkedIn newsletter featuring Expertise for the Innovation Economy™ - unique insights from intellectual property (IP) experts at Ocean Tomo, a part of J.S. Held.

In this edition, we announce that Eric Carnick, CLP, has been selected to serve as an expert in the International Trade Commission Trial Lawyers Association’s (ITCTLA) Second Annual Mock Hearing Program. David Fraser, MBA, MASc, BScEng, examines the prevalence and costs of counterfeit goods in the supply chain. Also in this edition, Alan Marco, PhD, explores a methodology that separates the factors that affect patent value from those that impact uncertainty.

Eric Carnick to Serve as an Expert in the ITCTLA’s Mock Hearing Program

We are thrilled to announce that Managing Director Eric Carnick, CLP, has been selected to serve as an expert in the ITCTLA’s Second Annual Mock Hearing Program – this year will feature a new problem focused on trademarks rather than patents. The event will take place on November 13th, 2024, in Washington, D.C.

Eric is a Managing Director and testifying expert for Ocean Tomo, a part of J.S. Held. He has been retained as an expert on numerous matters involving damages, valuation, and economic issues related to IP, including ITC matters, where he has offered opinions related to economic domestic industry. He has consulted on more than 100 engagements involving the valuation or economics of IP.

Eric’s role in the mock hearing contributes to the NEXT Advocates program implemented by the Administrative Law Judges at the U.S. International Trade Commission. The program holds the promise of developing the future of the ITC bar, including creating a bar of ITC advocates that better reflects the diverse public served by the Commission.

To learn more about Eric’s background and to view his contact information, click here.

Business Intelligence: A Key Strategy in the Battle Against Counterfeit Goods in the Supply Chain

Counterfeiting is a legal issue and a significant threat to legitimate manufacturing, supply chains, and brands. The National Association of Manufacturers estimates that counterfeits have cost the US economy nearly $131 billion; including $22.3 billion of lost labor income; 325,542 fewer jobs; $5.6 billion of lost federal tax revenues; and nearly $4 billion less in state and local tax collections.

In this article, David Fraser, MBA, MASc, BScEng, examines the prevalence and costs of counterfeiting globally, what it takes to identify counterfeit goods and track their origins, and the reputational risks posed to companies impacted by counterfeiting and piracy.

To learn more, click here.

How Value and Uncertainty Impact Patent Litigation

A patent’s value depends not only on its intrinsic qualities but also on the clarity and enforceability of the patent’s rights.

In this blog post, Alan Marco, PhD, Chief Economist at Ocean Tomo, a part of J.S. Held, explores a methodology that separates the factors that affect patent value from those that impact uncertainty. He then compares the differences in litigation rates before and after those factors are observed and explains how IP managers can employ third-party valuation experts to enhance the precision and strength of their patent portfolios.

To learn more, click here.

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