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/economic analysis issues – all areas where we are experts.

Related Experience:

Representative Engagements

  • On Numerous Occasions:
    • Calculated patent infringement damages using either lost profits, a reasonable royalty, or both.
    • Calculated trademark infringement damages – Experience includes calculations for lost profits, a reasonable royalty, disgorgement (unjust enrichment), and corrective advertising.
    • Calculated damages for copyright infringement using either lost profits, disgorgement (unjust enrichment), or both.
  • In an alleged trademark and copyright infringement case of one of the nation’s top credit bureaus, (i) assessed the relevant market, (ii) quantified the trademark’s effect on competitors, and (iii) calculated lost profits and disgorgement.
  • On multiple separate alleged trademark infringement matters, assessed the candle and home fragrance market and calculated lost profits and unjust enrichment.
  • In an alleged trademark infringement matter, assessed the likeliness of customer confusion by the illegal use of a U.S. based bank’s logo by an established Korean bank.  Calculated unjust enrichment and assessed damages associated with corrective advertising.
  • In an alleged patent infringement of a uniquely designed clothing hanger, determined that acceptable non-infringing alternatives were available and addressed the commonly-used Georgia Pacific factors to determine a reasonable royalty.
  • In an alleged patent infringement of a component in a prenatal vitamin, assessed the commonly-used Panduit factors and determined lost profits was an inappropriate remedy.  Calculated a reasonable royalty based on assessment of the Georgia Pacific factors.
  • In an alleged theft of trade secrets involving transportation logistics software, examined customer selling patterns to determine what economic quantifiable effect (if any), the secret information had on the sales of both parties.