Many companies consider their intellectual property—patents, trademarks, copyrights, and trade secrets—to be their most valuable assets. The law requires compliance with rigorous, complex processes to secure protection for these assets, as well as vigilance in defending them. Once these rights are in dispute, the economic analyses required by patentee and challenger alike are specialized and, in many ways, specific to the intellectual property arena. Numerous concepts and standards—such as running royalties, commercial success, and long felt need—have become well defined for intellectual property disputes, but must be applied with a clear-sighted understanding of the underlying industry, its history, product differentiation, competitors, and relevant markets.
OnPoint staff have many decades of experience designing economic, statistical and financial analyses for the specialized needs of intellectual property disputes. Our multidisciplinary teams include top economists, statisticians, database architects, data professionals, and business analysts. OnPoint’s analysts bring to their work a sophisticated understanding of the legal and regulatory frameworks within which intellectual property disputes frequently arise. As with all of our other service areas, OnPoint’s work with detailed databases provides our intellectual property analyses with exceptional insight and powerful empirical support.
Among the issues OnPoint is most frequently called upon to analyze in the intellectual property field are:
- Patent validity, including all secondary considerations
- Existence and effect of non-infringing alternatives
- Infringement and misappropriation damages
- Misuse claims
- Price erosion and suppression
- Royalties, running royalties and lost profits analysis
- Modeling of systematic pricing issues
- Modeling of potential losses from “at risk” market entry