Infringement Damage Analysis
We are frequently asked to compute the amount of damages arising from infringement of copyrights, trademarks, and patents as well as trade secret misappropriation. The analyses have included calculations of lost profits, reasonable royalties, price erosion and unjust enrichment.
Our approach is somewhat different from many firms providing "expert witness" services. We seek to maintain absolute independence from the clients who retain us. Our analyses and courtroom presentations are fact-based and unbiased.
The firm's principals are very experienced in testifying to their findings in these matters.
Examples of such assignments include:
- Coronary stents - Prepared lost profits, reasonable royalty and price erosion damages on behalf of manufacturer and patent holder. Client was awarded damages in excess of one billion dollars from two defendants.
- Gas valves and connectors- Rebutted reasonable royalty and lost profits testimony related to alleged patent infringement. The jury awarded damages of approximately one-third the plaintiff's claim.
- Laser-based surgical procedure- Testified to lost profits, reasonable royalty and price erosion damages. The jury awarded damages of $12.5 million to the inventor.
- Night vision flight deck displays - Retained by the U. S. Department of Justice to rebut excessive royalty claims from a large defense contractor. The plaintiff's patent was found unenforceable.
- Temporary placement services - Presented damages including unjust enrichment and lost profits from theft of proprietary customer and candidate lists. Our client was awarded damages of approximately $900,000.
- Aircraft altimeters - Rebutted claims of lost profits and future damages from alleged theft of trade secrets. The jury awarded damages of approximately one-half the plaintiff's claim.
- High intensity light bulbs - Testified to lost profits and reasonable royalties from infringement of patents. Our client was awarded damages of more than $40 million.