Robert L. Vigil

Principal
Robert L. Vigil
Washington, DC

Education

Ph.D., economics, University of Maryland; B.A., economics, Pepperdine University

Summary of Experience

Dr. Vigil is an economic damages expert who applies economics, finance, and statistics to complex commercial and intellectual property (IP) litigation. He has given trial, deposition, and arbitration testimony on damages in patent infringement, trade secret misappropriation, trademark infringement, breach of contract, and false advertising (Lanham Act) matters in US federal courts, before the US International Trade Commission, and in domestic and international arbitrations.

He has quantified reasonable royalties, lost profits, price erosion, unjust enrichment, disgorgement, head-start damages, prejudgment interest, design patent profits, and FRAND royalties for standard essential patents. He has also measured plaintiffs’ losses and defendants’ gains from tortious interference and breaches of contract, non-compete and confidentiality agreements, and fiduciary duty.

Beyond damages, Dr. Vigil has evaluated:

  • Commercial success in Hatch-Waxman litigation
  • Irreparable harm and causal nexus for injunctions
  • Domestic industry and bonding in Section 337 investigations
  • The design and reliability of conjoint and other consumer surveys

His litigation and IP valuation work spans these industries:

  • Smartphones and consumer electronics
  • Telecommunications (4G, 5G, and LTE)
  • Semiconductors
  • Software and e-commerce
  • Pharmaceuticals
  • Life sciences tools
  • Consumer products
  • Medical devices such as surgical staplers, heart valves, and orthopedic implants

He has written on patent damages, lost profits, injunctive relief, marketing, and related topics for publications including the Texas Intellectual Property Law Journal, les Nouvelles, and the Journal of Marketing Research. He has also spoken widely on IP damages and valuation. Dr. Vigil is a Certified Licensing Professional and a member of the American Economic Association, the American Marketing Association, and the Licensing Executives Society. He taught microeconomics and econometrics at the University of Maryland. 

Robert L. Vigil
Practices