Intellectual Property

Overview

Edgeworth economists are at the forefront of the evolving landscape of intellectual property (IP) valuation in the context of both litigation and business transactions. Whether providing expert opinions on damages or assisting clients who are entering into licensing negotiations or valuating patents in a corporate transaction, we provide valuation analyses that fully consider the economic principles and case law. 

We apply rigorous economic methods and market data to determine the value of IP assets such as patents, trade secrets, and copyrights. We advise our clients—including law firms, corporations, and individual inventors—on IP valuation issues in litigation, license negotiations, tax planning, and transaction due diligence. Our experts have prepared expert reports and have testified in depositions, federal courts, and arbitration proceedings on IP issues, including patent valuation, reasonable royalty, lost profits due to patent infringement, unjust enrichment damages, irreparable harm related to injunctions, Lanham Act violations—including trademark, copyright, and false advertising disputes—commercial success, and patent misuse and antitrust counterclaims.

A valuation of intellectual property damages that can withstand scrutiny in a courtroom requires an understanding of the markets in which the litigating parties operate, real-world data, and application of relevant economic theory. Edgeworth economists combine unmatched economic knowledge and rigor, data capabilities, and expertise in industries where intellectual property assets are critical, such as pharmaceuticals, biotechnology, telecommunications, Internet applications, and computer software and hardware.

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On May 26, 2016, a jury found that Google’s use the declaring code and structure, sequence, and organization of 37 Java application programming interfaces (APIs) in Google’s mobile operating system Android constituted lawful “fair use.”

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