Intellectual Property

Intellectual Property

Electronics and consumer goods, pharmaceuticals, medical devices, mechanical engineering solutions, trading and clearing systems: these are just a few of the products on which we have been engaged in intellectual property litigation. We assess patent validity (including secondary considerations such as commercial success, long-felt need, copying and praise of others), claims of infringement and misappropriation of trade secrets. Our damage analyses for both plaintiffs and defendants in this field includes lost profits, reasonable royalties, and unjust enrichment. Our intellectual property experts testify before federal courts, state courts, the PTO, and the ITC. In Section 337 Investigations, we analyze the existence of Domestic Industry, including investments in capital, labor, plant, equipment and licensing activities. We also enjoy the challenge of the quick but thorough analysis required to support or oppose temporary restraining orders or preliminary injunctions. For clients wishing to assess exposure before making commercial decisions, we confidentially evaluate the possible consequences of at-risk entry.

Our success in these cases begins with a thorough understanding of the technology and industry in question. As economists, we believe the most supportable and convincing solutions must fully embrace market realities. Both lost profits and reasonable royalties require a sophisticated, but credible, construction of a hypothetical world in which infringement or misappropriation would not have occurred. Too often, experts treat this as a rote exercise applying standard formulas and generalities, but not at OnPoint. We thoroughly explore the implications of non-infringing substitutes, market trends, time to market, systematic pricing and competitive dynamics which set the stage for any hypothetical negotiation and define profit potential for each party. Our financial and statistical expertise allows us to decompose the “whole market,” and estimate the contribution to total sales of a single contested technology element.