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Intellectual property litigations are typically complex, “bet-the-company” environments, and often involve complex damage issues, especially given the recent changes in case law. 

Working with a damages expert who is well-versed in the appropriate methodologies to employ and the evolving case law can be critical to successfully litigating or defending an intellectual property litigation. 

Our intellectual property damages team has significant trial and testimony experience in courts and arbitrations throughout the United States.  We assist our clients in a wide array of industries in copyright infringement, patent infringement, theft of trade secrets, trade dress infringement, trademark infringement and licensing disputes.  From early case assessment to testimony in trial, we develop sound economic opinions by applying critical and analytical thinking to the specific facts and circumstances at issue. We simplify complex financial information into effective written communication, presenting our opinions to judges and juries in a clear and convincing manner. We have an expertise in addressing the following types of damage issues commonly found in intellectual property litigations:

  • Lost profits
  • Reasonable royalty
  • Entire market value rule
  • Convoyed sales
  • Price erosion
  • Excess costs
  • Unjust enrichment
  • Lost investment value
  • Lost business value

We also assist our clients in non-dispute settings to value intellectual property assets and other intangible assets, and to be the independent fact finders when clients exercise their audit rights under licensing agreements, and other agreements where the payment is based on a metric under the control of the party making the payments. 

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