Intellectual Property Damages & Consulting
Situated at the intersection of technology and finance, our IP practice applies careful analysis to complex issues.
Patent Infringement Damages
We have a national reputation for evaluating damages from the infringement of patents. Working on behalf of both plaintiffs and defendants, we achieve extraordinary results by obtaining a thorough understanding of the technologies at issue and evaluating them in the context of their value in the market. We are critically aware of the case law and complexity of these analyses and advise clients on issues that affect the viability and acceptability of these claims.
Copyright & Trademark Damages
We are regularly asked to evaluate damages from copyright, trademark, and trade dress infringement on behalf of both plaintiffs and defendants. Our analyses combine our expertise in accounting, finance, and valuation with common sense approaches to considering issues of apportionment and allocation of profits to these types of intellectual properties. We are mindful of causation issues and are experienced in evaluating assertions of consumer confusion and the nexus to trademark and trade dress damages. We are well-versed in the damages case law and how precedents may change between the circuit courts.
Trade Secret Damages
The analysis of trade secret damages requires flexible approaches that fit the specific facts of each matter. We have a reputation for providing insightful analyses that consider the technologies or information misappropriated, their role, and any measurable financial effects on a business. Bringing these facts to bear, we often analyze a variety of damage measures that may be applicable to a particular case. We are sensitive to the relevant case law of the states and circuits that may affect our analysis as well as precedent emerging law under the Defend Trade Secrets Act.
Our specific skills have led us to be retained in over 30 intellectual property-based Section 337 investigations by leading law firms and companies. We specialize in analyzing accounting and economic data related to technologies, products, and markets. Our team is experienced in providing clear and credible testimony at the International Trade Commission.
IP Valuation & Licensing
We are experts in the valuation and licensing of intellectual properties and intangible assets. Our valuation experts have professional valuation-related credentials from the AICPA, the American Society of Appraisers, and the CFA Institute. Our experience in complex commercial litigation involving intangible assets results in thoughtful and credible analyses that provide realistic assessments of value. Through these analyses, we have also developed perspective and expertise in the evaluation of commercial success that may be due to the use of a patented technology.
We achieve extraordinary results based on our founding vision that small, cohesive teams of skilled experts and careful analysts can solve our clients’ most important problems.
Our distinctive approach is to focus on the issues that affect the end result and develop answers that can be reasonably and persuasively presented to decision-makers and triers of fact. This approach streamlines our workflow and results in meaningful insights.
We work in efficient teams and write our own expert reports. All matters will be staffed with only the number of people necessary to effectively complete the assigned project. Our practices focus on matters that require the specialized skill set and strategic thinking of the Principals at our firm. We bring the requisite mix of experience and expertise to bear on any matter and have achieved significant results for our clients.
We are retained by a variety of different entities, including law firms on behalf of their clients, bankruptcy trustees, not-for-profit entities, and individuals. Law firm clients include many firms listed in the AmLaw 200 as well as boutiques specializing in intellectual property matters.
Our clients include large multi-national corporations as well as small and medium-sized businesses involved in complex business disputes. Our experience spans many industries, including computer software and hardware, consumer products, industrial equipment, life sciences, medical devices, professional and financial services, and telecommunications.
Experienced experts and consultants for challenging problems.