Intellectual Property

Intellectual property is often one of the most valuable assets of a business. When disputes relating to intellectual property rights arise, it is critical that a robust analysis of factors related to the market and technology or products at issue be considered in assessing damages suffered by the intellectual property holder. BVA’s economists and valuation professionals have decades of combined experience in measuring economic damages for intellectual property disputes involving issues such as

  • Patent infringement;
  • Misappropriation of trade secrets;
  • Trademark infringement; and
  • Copyright 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. As a result of our experience in these matters, our professionals are well-versed in addressing common issues that arise such as:

  • Estimating “but-for” vs. actual scenarios;
  • Analysis of Panduit factors and Georgia-Pacific factors;
  • Lost profits;
  • Unjust enrichment;
  • Convoyed sales;
  • Price erosion;
  • Apportionment; and
  • Fixed versus variable cost analysis.

BVA remains current with the emerging body of law and knowledge as it relates to measuring economic damages for intellectual property disputes. As a result, our professionals are uniquely positioned to advise clients through the full litigation lifecycle, ranging from pre-lawsuit consulting to the preparation of defensible expert reports and the delivery of compelling expert testimony.