Intellectual Property (IP)
Patent, trademark/trade name, and trade secret claims typically require a facts and circumstances analysis within the structure of the related statutes and/or case precedent standards. Our experience includes investigation, analysis, and informed conclusions as to:
- Plaintiff and defendant market share by geographic area.
- Reasons, other than the claimed infringement, for a plaintiff’s lost sales.
- The amount of lost convoyed sales and profits.
- Plaintiff’s lost profits and the defendant’s profits from the sale of the infringing patented and convoyed products.
- The avoided cost of a viable “design-around” to establish the maximum royalty a willing licensor of the IP would be willing to pay, i.e., the application of the theory of substitution.
- The value of patents, trade secrets, and other intangible assets determined by application of recognized business valuation practices and procedures. For example, the Multi-Period Excess Earnings Method quantitatively supports a rigorous consideration of the Georgia Pacific factors. When properly applied, a business’ earnings capacity (value) is quantitatively apportioned among the at-issue intangible assets (patent, royalty right, trade name, trademark, trade secret, etc.) and all the assets that contribute to the earnings process (contributory assets).
