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For many modern businesses, intellectual property (IP) is the most valuable of all their assets. Protecting your interests in patents, trademarks, copyrights, and trade secrets is critical to your competitive advantage and success.
Our intellectual property experts work across the spectrum of IP practice – valuing intangible assets; quantifying damages, including lost profits and reasonable royalties; preparing accounts of the infringer’s profits; assisting with technology transfers; and providing IP expert witness testimony.
Our IP team works worldwide and has experience valuing intangibles in most industries – from high technology to education, healthcare to e-commerce, transport to consumer goods.
We are experienced in analysing the multitude of issues required to assess intellectual property damages, such as apportionment of profits, manufacturing and sales capacity, available alternatives, customer demand, company and product profitability, competition, and cost savings and enhanced earnings related to licensing IP. Our intellectual property experts have evaluated and determined reasonable royalties for a broad range of products and industries, reviewing and analysing thousands of licence agreements.
Technologies valued have involved semiconductors, telecoms, computing, software, memory storage systems, networking, medical devices, and life sciences. Our IP specialists have prepared and assessed claims for lost profits, price erosion, reasonable royalties, reasonable royalties in the context of FRAND obligations, unjust enrichment and other measures of economic damages. Our experts have performed analysis of reasonable royalties in the context of standard essential patents or patents subject to FRAND obligations involving cellular technology standards and WLAN standards.
Patent damages cases involving cellular technology have seen our experts testify in various courts, from China to the High Court of England and Wales.
Our people have also provided testimony in high-profile jury trial cases in the US, including Oracle’s $1.3 billion software copyright infringement verdict against SAP – the largest at the time – and the $10 million defence verdict for MGA Entertainment against Mattel’s $1.8 billion Bratz doll damages claim.
The analytical rigour and presentation skills of HKA intellectual property experts ensure that our valuations are clear and credible. Their experience spans multiple industries, jurisdictions, international arbitrations, and some of the most notable copyright and patent damages cases over the last twenty years.
The issues involved in IP disputes are complex. Navigating them requires expertise in valuation and damages assessment underpinned by a detailed understanding of applicable legal statutes, case law, economic and damages theory, and valuation concepts.
We help you and your legal advisors assess the economic harm that results when rights are infringed, misappropriated, or associated agreements are breached, through the following services:
