Experience > Damage Analysis > Intellectual Property
Patent, trademark and copyright disputes follow unique rules/cases. To perform a comprehensive and credible analysis, the damages calculation in these areas should address a combination of appraisal, accounting, and market analysis issues – all areas where we are expert.
- On numerous occasions, calculated patent infringement damages using either lost profits, a reasonable royalty, or both. Reasonable royalty analyses have addressed the many diverse industries, including:
- Display devices
- Medical testing
- Switching devices
- On numerous occasions, calculated trademark infringement damages – Experience includes calculations for lost profits, a reasonable royalty, disgorgement (unjust enrichment), and corrective advertising.
- On numerous occasions, calculated damages for copyright infringement using either lost profits, disgorgement (unjust enrichment), or both. Our extensive experience in the entertainment industry allows us to address copyright matters with greater authority.
- Prepared a valuation of a biotech company as a result of a patent dispute. Prepared a business landscape analysis including a market assessment, competitive analysis and revenue forecast. Utilized the income and market approaches to determine value indications. Provided deposition testimony.
- Performed a computerized analysis of the sale of a major manufacturer accused of patent infringement. We calculated the value of sales for almost a decade of allegedly infringing products from a database of millions of transactions. We prepared a report showing limited infringing product sales and almost no value ascribed to the infringing technology.