Intellectual Property Litigation Support

Our intellectual property litigation support quantifies reasonable royalties, lost profits, and unjust enrichment for patent, trademark, trade secret, and copyright disputes, with apportionment handled explicitly. It connects to our commercial litigation support, economic consulting and valuation, and securities litigation support work. Registration and prosecution records from the USPTO ground the analysis.

What intellectual property litigation support quantifies

• Reasonable royalty — hypothetical negotiation, comparable licences, and apportionment to the patented feature rather than the whole product.
• Lost profits — demand, absence of acceptable non-infringing substitutes, capacity, and the profit that would have been made.
• Price erosion — the margin lost to infringing competition, separated from ordinary price pressure.
• Disgorgement — infringer’s profits where the statute allows it, with the cost deductions that are actually defensible.
• IP valuation — for transactions, disputes and impairment, using cost, income and market approaches.

Matters we work

• Patent infringement
• Trade secret misappropriation
• Copyright infringement
• Trademark infringement and false advertising
• Licensing and royalty audits
• Freedom-to-operate and strategic valuation

Apportionment is where most IP damages opinions are won or lost. A royalty base that sweeps in unpatented features invites exclusion, and it is the first thing a rebuttal expert will go at.

What we need to start

For the conflict check, party names only.

Once engaged: the asserted patents or marks, accused product sales and margin data, existing licences, and any technical opinion on the accused feature. Where comparable licences are thin, the analysis leans harder on the hypothetical negotiation, and that shifts what the record has to support.

Frequently asked questions

How do you handle apportionment?

By tying the royalty base to the patented feature and showing the derivation. If the available evidence will not support apportionment, we say so — an unsupportable base is worse than a smaller defensible one.

Can you do a royalty audit rather than litigation work?

Yes. Licensing disputes often resolve without filing, and an audit is a smaller engagement than a damages report.

Can you work as a rebuttal expert?

Yes, and IP is one of the areas where we are most often retained to rebut. Tell us which role you need at the conflict-check stage.

What are your rates?

We send the rate schedule and a full CV with the proposal after the scoping call.