INTELLECTUAL PROPERTY
- EXPERT SERVICES
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CASE EXAMPLESRoof Top Support System Trade Dress and Trademark Infringement Reasonable Royalty for Taiwanese Notebook Computer Manufacturer’s Patent Infringement
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INTELLECTUAL PROPERTY
We combine our comprehensive understanding of economic and market principles, with the competitive licensing environment of each case, to provide clients with detailed and thorough economic and valuation analyses of intellectual property matters. Our expertise and experience enable us to take a broad perspective on the economic and valuation issues that arise in matters involving patent infringement, copyright infringement, trademark infringement, misappropriation of trade secrets, false and misleading advertising, and unfair competition.
Working closely with our clients, we address valuation, license structure, and strategy issues through all phases of intellectual property litigation from discovery to trial.
INTELLECTUAL PROPERTY
We combine our comprehensive understanding of economic and market principles, with the competitive licensing environment of each case, to provide clients with detailed and thorough economic and valuation analyses of intellectual property matters. Our expertise and experience enable us to take a broad perspective on the economic and valuation issues that arise in matters involving patent infringement, copyright infringement, trademark infringement, misappropriation of trade secrets, false and misleading advertising, and unfair competition.
Working closely with our clients, we address valuation, license structure, and strategy issues through all phases of intellectual property litigation from discovery to trial.
+ Expert reports and testimony in support of IP litigation
+ Research analysis of patents, trademarks, licenses and royalties
+ Economic benefit analysis of patents or licensed technologies
+ Valuation of Intellectual Property
+ Reasonable Royalty Analysis /Application of Georgia-Pacific Factors
+ Lost profit quantification due to transfer of proprietary engineering information; patent infringement; trademark; Trade dress infringement; copyright infringement; misappropriation of trade secrets
+ Opinion of open art vs. proprietary engineering products
+ Advisory services in management and protection of IP portfolios; trade secret/trade dress; technology transfer; licensing strategy; royalty compliance; corrective advertisingCASE EXAMPLES
Roof Top Support System Trade Dress and Trademark InfringementWe were asked to prepare an expert report and provide testimony in court regarding damages and liability in a trade dress and trademark infringement matter.
The dispute between a manufacturer and a distributor of rooftop support systems involved the design and appearance of hard rubber supports for use under heavy rooftop equipment. The distributor had purchased and sold the manufacturer’s product for several years prior to the infringement, in which the distributor arranged for alternative manufacture of supports virtually identical in appearance to the manufacturer’s product. We calculated both lost profits to the manufacturer and unjust enrichment by the distributor. We also took care, in the event the court decided to award both measures of damages, which it did, to quantify the amount common to each, due to supply chain issues.Provided multiple reports and declarations and testified at trial and in post-judgment hearings. Jury accepted our opinions and awarded damages based solely our calculations.
Reasonable Royalty for Taiwanese Notebook Computer Manufacturer’s Patent InfringementAccumyn’s expert provided testimony regarding a reasonable royalty in connection with the alleged infringement of a patent by a Taiwanese manufacturer of notebook computers. The patent at issue, owned by a Korean multinational, involved a method of implementing certain keyboard functionality in the notebook computer. The analysis included quantification of the alleged royalty base by model over time, comparison of profitability and incremental production costs, and determination of a reasonable royalty under U.S. statute and case precedent.
The royalty was analyzed based on the relative bargaining positions of the parties in the assumed royalty negotiation, economic analysis of the relevant market, and a detailed analysis of pricing and costs based on component changes in notebook computer models over time.