INTELLECTUAL PROPERTY INFRINGEMENT

BVA is experienced in measuring economic damages for disputes involving patent infringement, copyright infringement, and trademark infringement. BVA has worked for both plaintiffs/claimants and defendants/respondents in a variety of intellectual property infringement matters where measurement of damages is required. Such measurement oftentimes requires an analysis of what would have occurred "but-for" the alleged wrongful conduct compared to what actually occurred. BVA follows generally accepted methodologies and is intimately familiar with the nuances associated with estimating "but-for" revenue and costs. Various measures can be used to estimate sales but-for the infringement such as the yardstick method, before-and-after method, and market share method.

Additionally, common issues that arise in these matters may include convoyed sales, price erosion, apportionment, and fixed versus variable cost analysis, just to name a few of the issues.

BVA's experts are seasoned in calculating lost profits and other measures of damages.

Copyright Infringement

According to 17 U.S.C. §504(b), the copyright owner is entitled to recover the actual damages suffered by him or her as a result of the infringement, and any profits of the infringer that are attributable to the infringement and are not taken into account in computing the actual damages. In establishing the infringer's profits, the copyright owner is required to present proof only of the infringer's gross revenue, and the infringer is required to prove his or her deductible expenses and the elements of profit attributable to factors other than the copyrighted work.

Patent Infringement

According to 35 U.S.C. §284 the court shall award claimant damages adequate to compensate for the infringement, but in no event less than a reasonable royalty. BVA is familiar with patent infringement damages measurement, particularly the analysis of the Panduit factors and Georgia-Pacific factors.

Trademark Infringement

According to 15 U.S.C. §1117, a plaintiff alleging trademark infringement shall be entitled to recover, among other things: (1) defendant’s profits and (2) any damages sustained by the plaintiff.

BVA remains current with the emerging body of law and knowledge as it relates to measuring economic damages for disputes involving patent infringement, copyright infringement, and trademark infringement.