IP Damages

Analysis Group has been using rigorous empirical methodologies to evaluate damages in patent, trademark, trade dress, copyright, and trade secrets cases since our founding. This is one of our core capabilities. In IP litigation, our consultants and affiliated experts have extensive experience working with plaintiffs and defendants to build damages models, provide damages testimony, and evaluate and critique the models and testimony of opposing experts.

Clients turn to our consultants and experts to analyze the factors that are critical for developing accurate damages estimates, including lost profits, disgorgement and unjust enrichment, and reasonable royalties. In these matters, our clients rely on us to:

  • Develop or critique appropriate theories of damages
  • Identify data and document needs for fact discovery
  • Develop and identify the appropriate anchors for the assumptions and inputs used in damages-related calculations, and assess similar assumptions and inputs used by opposing damages experts
  • Evaluate, implement, or critique allocation or apportionment methodologies that may be used in damages calculations

Our in-house IP experts collaborate closely with colleagues from Analysis Group’s complementary disciplines, as well as with affiliated academic, industry, and technical experts. We bring to bear a comprehensive array of tools, including:

  • Consumer surveys, including conjoint analysis and other marketing research methodologies
  • Demand models
  • Hedonic pricing models
  • Financial analysis
  • Value allocation methodologies and approaches, including patent renewal and forward citation analyses
  • Licensing expertise