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June 23, 2009 - Aaron Bradford and Michael Dulin

Wyers v. Master Lock Co.

A Look at Validity
and Reasonable Royalties

...Without An Expert

June 23, 2009, 11: 45 a.m. - 1:15 p.m.
Denver ChopHouse, Large Banquet Room

CLICK HERE TO VIEW SLIDESHOW PRESENTATION

The Wyers v. Master Lock Co. case is the most recent patent case in Colorado to go to verdict. On March 12, 2009, a U.S. District Court in Colorado jury (Judge Babcock presiding) found the three patents at issue valid and infringed, and awarded Wyers damages in the amount of $5,350,000. Notably, Wyers did not present expert testimony on validity or royalty rates. In contrast, Master Lock presented experts in both areas, including an expert that concluded that a reasonable royalty would have been 2.5%. Despite the lack of expert testimony on behalf of Wyers, the jury rejected Master Lock’s invalidity defense and held that Wyers superior bargaining position entitled him to a 24% royalty rate -- arguably higher that Master Lock’s claimed net operating profit.

Mr. Bradford and Mr. Dulin represented Wyers in the case, and gave a presentation on the business and litigation strategies that helped to overcome the increasing challenges to validity that have occurred since KSR. Their presentation focused on the evidence that supported the jury’s finding of patent validity and conclusion that Wyers would have secured a 24% royalty rate had a “hypothetical negotiation” occurred with Master Lock at the time of the infringement began. 

Cost: $35 for IP Section Members, $45 for the general public, and CU/DU Law students are free. Includes a catered lunch and parking. RSVP by calling (303) 860-1115 ext. 727 or by e-mailing lunches@cobar.org before Noon on Friday, June 19, 2009.
Cancellations after Friday, June 19. 2009 and no-shows will be billed for the cost of the program. Checks can be sent to the Colorado Bar Association, 1900 Grant St., Suite 900, Denver, CO 80203. Also, please call or e-mail your RSVP when sending a check. Checks should be made payable to the CBA. If leaving a message, please spell your name, specify that you are attending the Intellectual Property Section June Luncheon, leave your phone number, and specify if you would prefer a vegetarian lunch.

Presenters:

Aaron P. Bradford, Of Counsel, Hensley Kim & Holzer  
Mr. Bradford is a civil trial attorney. Mr. Bradford’s national trial practice focuses on complex commercial, patent infringement, professional liability, mass tort and intellectual property litigation. Mr. Bradford also works with clients in the area of risk management and litigation avoidance. He has tried fifteen complex matters to verdict and litigated hundreds of matters to successful resolution. Prior to joining Hensley Kim & Holzer, he was a shareholder and manager of a prominent trial firm.


Michael P. Dulin, Of Counsel, Hensley Kim & Holzer
Mr. Dulin focuses on commercial litigation. Mr. Dulin has been responsible as lead counsel for cases involving trademark, copyright and patent infringement, trade secret theft, anticybersquatting, and unfair competition in a variety of jurisdictions. He works with clients engaged in a variety of industries, including data storage, electronics, mechanical devices, geophysical exploration, nanotechnologies, internet marketing, manufacturing, and retail sales. In addition, Mr. Dulin has effectuated successful resolutions to administrative actions, including those pending before the USPTO and the FTC. Mr. Dulin also represents clients in litigation regarding commercial contracts, joint ventures, franchises, investor fraud and other types of commercial litigation.