Patent Infringement
We have extensive experience in litigations and arbitrations involving alleged infringement of patented technologies and products.
To determine the extent to which an alleged infringer has generated incremental profits from unauthorized use of the patent, we assess the economic and financial differences between the “but for” world in which the alleged infringement did not take place and the “actual” world in which it allegedly did.
Our experts and consultants have provided analysis and testimony regarding:
- Lost profits, reasonable royalties, and price erosion
- Cost and feasibility of design-arounds
- Substitution among patented products and allegedly infringing products
- Accelerated market entry
- Industry licensing practices
- Patents covering industry standards
- Relative importance of patented technology
A Look at Patent Litigation, and Valuation Post Reform
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We apply statistical expertise to quantify the variables involved in determining damages – for example, using statistical sampling techniques to estimate the size of the customer base using the allegedly infringed-upon products or product features.
Patent misuse issues such as false patent marking require an economic assessment of market share to evaluate damages. Misuse or infringement allegations often involve an antitrust counterclaim, wherein the defendant alleges that the patent holder has attempted to inappropriately extend monopoly power conveyed by its patent. Our expertise in both antitrust and intellectual property enables us to fully assess matters involving both disciplines. In a patent infringement suit, we may use market research to quantify the contribution of the allegedly infringed patent to product sales.
We also may analyze how a firm’s business strategy has affected financial projections for the “but for” world when determining lost profits.
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