Analysis Group experts have extensive experience providing analyses and testimony on issues underlying requests for preliminary and permanent injunctive relief. Our experts have provided testimony in district and state court, as well as before the International Trade Commission (ITC). The issues that we typically address are:
- Irreparable harm/adequacy of monetary damages
- Balance of hardships
- Public interest
We employ a multidisciplinary approach that combines our economic, marketing, finance, and accounting expertise with the industry and technical knowledge of outside experts, including those associated with Analysis Group.
For irreparable harm/adequacy of monetary damages, we often examine the degree to which new or ongoing infringement may impact sales, market shares, prices, reputation, goodwill, R&D, and employment, and the degree to which full compensation for those harms may not be available.
For balance of hardships, we assess the short-run and long-run impacts on the patent owner if no injunction is granted versus those on the alleged infringer under an injunction.
For public interest, we consider the economic and market benefits of a strong IP system as well as the benefits of vigorous competition, but also account for case-specific impacts of an injunction on such factors as health and safety, US consumers, and the competitive landscape.
We have worked with both patent owners and alleged infringers on injunction matters across a wide range of industries, including the rapidly evolving technology (e.g., smartphone, 4G/5G/LTE, internet) and life sciences (e.g., pharmaceuticals, biosimilars, medical devices) industries.