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INJUNCTIONS DAMAGES

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INJUNCTIONS DAMAGES

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    1. INJUNCTIONS & DAMAGES

    3. P&G at a Glance Number of Brands 300 Countries of Operations 80 Number of Employees 138,000

    4. 23 Billion-Dollar Brands… P&G’s billion-dollar brands are the core of the company’s product portfolio, representing about two-thirds of annual sales and a greater percentage of profit. These brands are leaders in their respective categories and platforms for innovation that will be the source of organic growth for years to come. #1 Feminine Care Brand in the World - Always Clean and Always Fresh innovations have propelled the brand to an all-time high market share of more than 55% in the U.S. Head & Shoulders has nearly doubled its annual sales in just four years, making it the second largest shampoo brand in the world. #1 Toothpaste Brand in the U.S. – Crest - Leading innovations such as Pro-Health and Nature’s Expressions have helped make Crest the #1 toothpaste brand in the U.S. Newest Billion-Dollar Brand - Gain has doubled sales over the last five years by delighting scent-seeking consumers. #1 Hair Care Brand in the World - Pantene, the world’s leading hair care brand, is sold in about 100 countries and is fast approaching $3 billion in annual sales. #1 Baby Care Brand in the World – Pampers - By continuing to reach more consumers in markets such as China and India, Pampers has become P&G’s first $7 billion brand. #1 Retail Skin Care Brand in the World - Olay has more than doubled sales in the past four years behind industry-leading innovations such as Olay Regenerist and Olay Definity. #1 Laundry Detergent Brand in the World – Tide - Already the world’s leading laundry detergent brand, Tide widened its lead by posting high-single digit sales growth in fiscal year 2007. #1 Men’s Shaving Brand in the World - Mach3 delivered double-digit sales growth in developing markets last year.P&G’s billion-dollar brands are the core of the company’s product portfolio, representing about two-thirds of annual sales and a greater percentage of profit. These brands are leaders in their respective categories and platforms for innovation that will be the source of organic growth for years to come. #1 Feminine Care Brand in the World - Always Clean and Always Fresh innovations have propelled the brand to an all-time high market share of more than 55% in the U.S. Head & Shoulders has nearly doubled its annual sales in just four years, making it the second largest shampoo brand in the world. #1 Toothpaste Brand in the U.S. – Crest - Leading innovations such as Pro-Health and Nature’s Expressions have helped make Crest the #1 toothpaste brand in the U.S. Newest Billion-Dollar Brand - Gain has doubled sales over the last five years by delighting scent-seeking consumers. #1 Hair Care Brand in the World - Pantene, the world’s leading hair care brand, is sold in about 100 countries and is fast approaching $3 billion in annual sales. #1 Baby Care Brand in the World – Pampers - By continuing to reach more consumers in markets such as China and India, Pampers has become P&G’s first $7 billion brand. #1 Retail Skin Care Brand in the World - Olay has more than doubled sales in the past four years behind industry-leading innovations such as Olay Regenerist and Olay Definity. #1 Laundry Detergent Brand in the World – Tide - Already the world’s leading laundry detergent brand, Tide widened its lead by posting high-single digit sales growth in fiscal year 2007. #1 Men’s Shaving Brand in the World - Mach3 delivered double-digit sales growth in developing markets last year.

    5. …and counting. In addition to 23 Billion-Dollar Brands, P&G’s portfolio includes 18 brands with $500 million to $1 billion in annual sales, many of which have the potential to join the billion-dollar club in the next few years. Fusion Fusion and Fusion Power shaving systems are truly the best a man can get. These revolutionary products achieved over $500 million in sales in just the first fiscal year after launch. Herbal Essences Global annual sales of Herbal Essences have grown 40% since P&G acquired the brand in fiscal year 2002. #1 Floor Cleaning Systems Brand in the World – Swiffer reinvented surface cleaning with innovative technology and design. Swiffer sales have more than doubled over the past five years. #1 Tampon Brand in the World – Tampax - After just four years in the market, Tampax Pearl has boosted the brand to market leading share above 50% in the U.S. #1 Fabric Freshener Brand in the World – Febreze, the U.S. air care category leader, has averaged more than 25% annual sales growth over the last four years.In addition to 23 Billion-Dollar Brands, P&G’s portfolio includes 18 brands with $500 million to $1 billion in annual sales, many of which have the potential to join the billion-dollar club in the next few years. Fusion Fusion and Fusion Power shaving systems are truly the best a man can get. These revolutionary products achieved over $500 million in sales in just the first fiscal year after launch. Herbal Essences Global annual sales of Herbal Essences have grown 40% since P&G acquired the brand in fiscal year 2002. #1 Floor Cleaning Systems Brand in the World – Swiffer reinvented surface cleaning with innovative technology and design. Swiffer sales have more than doubled over the past five years. #1 Tampon Brand in the World – Tampax - After just four years in the market, Tampax Pearl has boosted the brand to market leading share above 50% in the U.S. #1 Fabric Freshener Brand in the World – Febreze, the U.S. air care category leader, has averaged more than 25% annual sales growth over the last four years.

    6. P&G GLOBAL BUSINESS UNITS The GBU’s are comprised of 7 segments: Beauty Health Care Fabric Care & Home Care Baby Care & Family Care Snacks, Coffee & Pet Care Blades & Razors Duracell & Braun

    7. The 3 GBUs Operate in 7 Geographic Regions: Asean, Australasia & India Central & Eastern Europe, Middle East, & Africa Greater China Latin America North America Northeast Asia Western Europe

    8. P&G Beauty Care Products Global Sales: $23 Billion Cosmetics Deodorants Hair Care Skin Care Feminine Care

    9. P&G Health Care Products Global Sales: $9 Billion Oral Care Pharmaceuticals

    10. P&G Fabric & Home Care Products Global Sales: $19 Billion Fabric Care Dish Care Surface Care

    11. P&G Baby & Family Care Products Global Sales: ~ $13 Billion Diapers Wipes Bath Tissue Facial Tissue Paper Towels

    12. P&G Snacks, Coffee and Pet Care Global Sales: ~ $5 Billion Coffee Pet Food Snacks

    13. Gillette Blades & Razors Global Sales: $5 Billion Men’s & Women’s Blades & Razors

    14. Duracell & Braun Global Sales: $ 4 Billion Batteries Electric Razors Small Appliances

    16. LA Countries & Products

    17. LA – Business Trends

    18. IP INJUNCTIONS & DAMAGES PRINCIPLES “A wish list for the globe” P&G is on both sides of these principles Fast decision on the merits followed by the certainty of a permanent injunction Preliminary injunctions or TROs for “CLEAR” and early initiated infringement cases Damages that don’t “reward” infringement but are not overly punitive > Reasonable royalties > Patent owner’s lost profits only if circumstances warrant (“but for” test)

    19. IP INJUNCTION & DAMAGES PRINCIPLES - BENEFITS Investment increased Better and cheaper products brought to consumers IP litigation reduced > “REAL” and timely injunction threats on bona fide IP infringement cases drive early and fast negotiated resolutions > P&G and most companies seek resolution outside of court whenever possible (inadequate IP injunction/damage systems prevent this)

    20. KOREAN EXPERIENCE – INJUNCTIONS & DAMAGES P&G’s acquired company was sued for patent infringement – 1995 Litigation suspended pending Korean Patent Office patent validity proceedings Case sent back to Korean District Court – 2001 Court found infringement and assessed P&G with $38 million in damages > $140 Million Sales = 27% profit margin used!! > Typical profits ˜ 10% > No damage analysis by Court – simply used patent owner’s profits multiplied by infringing products sold >> patent owner’s capacity >> market share & other players in market >> non-infringing alternative products 2006 – Appeals Court Reversed Infringement Ruling 2008 – Supreme Court affirmed Appeals Court Damages law in Korea still uncertain

    21. MEXICO – PATENT INFRINGEMENT P&G filed a patent infringement lawsuit under a well established patent in the IMPI – 1999 Received a ruling of non-infringement in 2005 Appealed to Tax and Administrative Court Patent expired 2006 Case settled in 2006 Substantive ruling on infringement OK, but time-to- decision was lengthy

    22. VENEZUELA – INJUNCTIONS & DAMAGES P&G owns a valuable patent on disposable diapers with barrier cuffs. Well-established patents licensed to almost every other diaper manufacturer in the world. Absorven is a local manufacturer in VZ who was clearly infringing. With no real injunction threat on damages exposure, negotiation failed to resolve. P&G sued Absorven in VZ for patent infringement-1999 Absorven counterclaimed against P&G for violating their constitutional rights (economic freedom). 2003 – case was settled (result was a compulsory license).

    23. INJUNCTIONS & DAMAGES

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