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Our intellectual property experts ensure that HKA valuations are clear, credible and stand up to scrutiny in jurisdictions worldwide and international arbitrations

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 offer specialised dispute services across the spectrum of IP practice. These services range from valuing intangible assets, quantifying damages, including lost profits and reasonable royalties, preparing accounts of the infringer’s profits; assisting with technology transfers and providing expert witness testimony.

Wide experience in intellectual property disputes

Our intellectual property and patent damages experts work worldwide to value 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. These include such aspects as apportionment of profits, manufacturing and sales capacity, available alternatives, customer demand, company and product profitability.

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 by our intellectual property and patent damages experts have involved semiconductors, telecoms, computing, software, memory storage systems, networking, medical devices, and life sciences. Our intellectual property 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 intellectual property and patent damages experts 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.

Why choose HKA’s intellectual property expert services?

The analytical rigour and presentation skills of HKA intellectual property experts and consultants 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. Our intellectual property consulting and expert services include:

  • Damages analysis and quantification
  • Licensing strategy and support
  • Intellectual property valuation
  • Royalty compliance investigations
  • ITC Section 337 Investigations
  • Evaluating fair, reasonable and non-discriminatory (FRAND) royalty rates
  • Assessing disgorgement / unjust enrichment of the infringer
  • Conducting valuation analysis
  • Performing royalty compliance investigations
  • Litigation support
  • Supporting mediation and settlement negotiations
  • Preparing expert reports
  • Testifying at court and arbitration hearings

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