Patents
The firm’s experience in providing expert services in connection with patent disputes – including utility, plant, and design patents – is substantial and includes determining, with full consideration given to the Panduit Test and Georgia Pacific Factors, the following:
- Lost profits
- Unjust enrichment (for design patents)
- Price erosion
- Reasonable royalty rates and amounts
- Licensing disputes
- Failures of opposing expert
Trademarks and Copyrights
The firm possesses the specialized experience and expertise required to competently quantifying the harm alleged in connection with trademark, brand, and copyright disputes. Among the services provided, with full consideration given to the Lanham Act, is determining :
- Lost profits
- Infringer’s profits (unjust enrichment)
- Reasonable royalty rates and amounts
- Market value diminution
- Lost opportunity
- Corrective advertising
- Licensing disputes
- Failures of opposing experts
Trade Secrets
A less-concrete class of information, and one still subject to state jurisdiction, trade secrets present greater challenges – and therefore require greater expertise – in quantifying connected monetary damages. More flexibility is statutorily encouraged when determining damages and lost value, which we have performed in connection with:
- Know-how
- Customer lists
- Manufacturing processes
- Industry-specific business practices
- Software