Technology & Intellectual Property Cases

Patent Infringement Cases

Retention in various patent infringement cases as a damages expert involving pharmaceutical products, medical devices, consumer electronics and other type of products.

Copyright Infringement Cases

Retention in various copyright infringement cases as a damages expert.

Trademark Infringement Cases

Retention in various trademark infringement cases as a damages expert and, in some cases, to assess certain Likelihood of Confusion factors from an economic perspective.

Liability Analysis Related to Trade Secret Misappropriation and Spoliation

Retained as liability expert for a Fortune 500 company in a trade secret misappropriation matter related to proprietary software and customer data. Subsequent claims for spoliation were made due to the use of scrubber software by the defendants to erase evidence of deleted files that contained the misappropriated customer information. Due in part to the evidence presented through expert testimony, a broad injunction was issued against the defendants.

Damage Analysis in Failed Software Development and Implementation Projects

Assessed damages and causation in matters involving a failed enterprise resource planning (ERP) projects and failed software development projects.

Damage Analysis in a Failed Industrial Automation Project

Retained to provide damage analysis in a case involving a failed robotics technology implementation in a manufacturing plant. This case involved damage claims based on lost profits.

Pharmaceutical Patent Infringement Damages

Retained to assess reasonable royalty and lost profit damages arising from at-risk product launches by generic drug manufacturers after filing an Abbreviated New Drug Application (ANDA) with the FDA and submitting a Paragraph IV certification under the Hatch-Waxman Act.

Intellectual Property Cases for Industrial Product Patent

Provided damages calculation and expert consulting services on behalf of patent holder in an infringement case related to an industrial product, resulting in a sealed settlement.

Royalty Dispute with Industrial Manufacturer

Provided damages calculation and expert consulting services on behalf of patent holder in a royalty dispute with an industrial manufacturer.

Damages Analysis Involving Construction Projects and Companies

Retained as a damages expert in cases involving concrete structures, flood-related reconstruction, new construction, leasehold improvements, moving expense, and other matters involving construction, facilities and related costs.

Valuation of Software, Technology, Intangible Assets and Technology Companies

Valuation of software, technology, intangible assets (including intellectual property) and technology companies for litigation purposes where asset and/or business valuation are at issue. These types of valuations are also provided for non-litigation purposes such as tax, financial accounting, and transaction assessment purposes.

Software-Related Intellectual Property (IP) Damages

Retained as a damages expert in software-related patent, trademark, copyright and trade secret cases in various federal and state jurisdictions.

Damage Analysis in a Recording Contract Dispute

Assessed damages and causation issues related to a dispute between a record company and a top-selling musical artist that involved claims for lost record company profits and lost royalty income by the artist.

Business and Trademark Value for Musical Act

Determined the value of a partner’s share in the touring business and trademark of a top-selling musical act following the decision of a founding member to stop touring with the band. This analysis was developed for litigation purposes.

Trade Secret Misappropriation and Unfair Competition

Retained as an expert addressing various liability, causation and damage issues in matters involving trade secret misappropriation, unfair competition and related claims in various industries.

Post-Employment Disputes

Retained as an expert in disputes related to claims of misappropriation, wrongful termination and breach of contract involving non-solicitation and non-compete provisions.

Post-Transaction Disputes

Retained as an expert related to disputes following transactions involving licensing, the sale of equity and the sale of assets, supply agreements, working capital provisions, purchase price adjustments and confidentiality agreements.

Economic Analysis Related to Claims of Patent Obviousness

Analyzed secondary indicia of non-obviousness involving Hatch-Waxman litigation related to a Paragraph IV certification by a generic drug producer alleging that the patented invention was obvious and that the patent was invalid. Specific secondary indicia considered related to the commercial success of the product that embodied the patented features and evidence of long-felt need in the market and the failure of others to address it.

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