Intellectual Property

Our analytical rigour and presentation skills ensure that our assessments of loss are clear and credible and that they stand up to scrutiny.

For many modern businesses, intellectual property (IP) is the most valuable of all their assets. Protecting these intangible assets – such as patents, trademarks, copyrights, and trade secrets – is critical to your business and competitive advantage in the marketplace.

The IP specialists in our commercial damages and valuation team have all the skills essential for quantifying damages suffered by the IP holder, including loss of profit and loss of a reasonable royalty, preparing accounts of the infringer’s profits, valuing intangible assets, and providing expert witness testimony.

Why HKA?

We help you and your legal advisors assess the economic harm that results when IP rights are infringed, assets are misappropriated, or associated agreements are breached. Our analytical rigour and presentation skills ensure that these assessments of loss are clear and credible and that they stand up to scrutiny.

The issues involved in IP disputes are complex, and 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.

Our teams leverage this knowledge to:

• Quantify lost profits of the IP holder
• Evaluate reasonable royalty rates for the IP holder
• Assess disgorgement / unjust enrichment of the infringer
• Conduct valuation analysis
• Perform royalty compliance investigations
• Assist with discovery
• Support mediation and settlement negotiations
• Prepare expert reports
• Testify at court and arbitration hearings

Expert advice

Our experience ranges across different jurisdictions and industries – from healthcare, online retailing, computer software and telecoms, to transport, catering equipment and education services.