Davis & Hosfield professionals have extensive experience in the damages-related aspects of intellectual property litigation. Collectively, our experts have evaluated damages on hundreds of intellectual property matters.

Our professionals have provided expert analysis for the following types of IP claims:

  • Patent infringement
  • Trademark infringement
  • Trade dress infringement
  • Copyright infringement
  • Trade secret misappropriation

Our professionals have extensive experience conducting complex financial analyses typically involved in IP damages claims, including lost sales, lost profits, incremental profits, manufacturing and marketing capacity, fixed and variable costs, product line profitability, price erosion, reasonable royalties, unjust enrichment, commercial success, and prejudgment and post-judgment interest.

CASE STUDY
Patent Infringement Dispute Between Wind Turbine Manufacturers
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Davis & Hosfield was retained on behalf of the Plaintiff in a patent infringement lawsuit between competitive wind turbine manufacturers. The Plaintiff alleged that certain wind turbines manufactured and sold by the Defendant infringed two patents. The Defendant, in turn, counter-sued for patent infringement in a different court, alleging infringement of one of its own patents. Our three-person team submitted an expert report which included analyses related to lost profits and reasonable royalty damages resulting from the Defendant’s sales of infringing wind turbines. An expert report was also submitted related to damages allegedly due to the Defendant in the counter-suit. Team members conducted interviews with Plaintiff personnel and performed industry research to understand current regulations, the extent to which the parties’ turbines were interchangeable, and how wind energy projects are originated and developed. Team members also performed extensive research into the cost savings and design around costs related to the various patents-in-suit. Our expert was deposed in both cases and testified at a jury trial where our client was the Plaintiff. Our team of consultants attended the trial as well. Our client prevailed as the jury found the Defendant to infringe the single patent that was tried. The jury awarded nearly $170 million in lost profits and reasonable royalties. Before trial in the second case, the parties agreed to settle all claims outside of court.