Patent Infringement Damages

Overview

Reasonable royalties

The calculation of reasonable royalties has long troubled practitioners, regulators, and businesses, and US courts are increasingly rejecting rule-of-thumb and other approaches that fail to reflect the specific contributions of a patented technology. 

Meeting the courts’ higher standard requires a solid framework grounded in the facts of each case. Edgeworth experts employ approaches based on fundamental economic principles—principles that apply across cases and across industries—as well as up-to-date case law. 

Lost profits

Our economists specialize in the competition analysis necessary to quantify lost sales and price erosion for lost profit cases.  We address questions including:

  • Did the introduction of the accused product result in a measurable impact on the patent holder’s sales? 
  • How do consumers choose products and to what extent does product differentiation and brand affect their purchase decisions?
  • Is the market share method applicable to the case?
  • What competitive factors affect prices in the industry?
  • After controlling for other factors, what impact, if any, was there from the alleged infringement on the patent holder’s prices? 

Injunctions

Our experts frequently assist counsel with assessing irreparable harm, remedies, the balance of hardships, and the impact on public interest when injunctions are at issue.

Case Experience

Insights & News

Publications

  • Law360 | 09.08.2014

    In their article for Law360, Edgeworth partners Dr. Gregory Leonard and Stephen Rusek discuss the importance of evaluating transaction prices of the intellectual property at issue when calculating reasonable royalty damages in a patent infringement case.

  • IAM┬áMagazine | 01.01.2013

    Dr. Fei Deng participates in a roundtable discussion on the state of IP valuation in China for IAM Magazine.

Speaking Engagements

News

Practice Contacts

Canada’s federal court ruled that Nova Chemicals’s SURPASS stretch-film products infringed Dow Chemical’s ’709 Patent—a key patented technology that enabled the production of specialized mLLDPE films with superior performance characteristics.

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