Intellectual Property Disputes

Have you suffered or are you about to suffer damages from patent infringement?

Intellectual property rights, such as patents, copyright or design rights are often a company's most valuable assets. We act as an independent expert witness for organisations involved in intellectual property disputes. This usually requires an assessment of the quantum of damages flowing from the infringement of intellectual property rights. We can support you by providing objective expert evidence based on a combination of accounting, economic and financial analyses.

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We act as an independent expert witness for organisations involved in intellectual property disputes. This usually requires an assessment of the quantum of damages flowing from the infringement of intellectual property rights, such as patents, copyright or design rights. Damages quantification following intellectual property infringement is a specialised area in which we have considerable experience.

The first step in bringing a damages claim is for the claimant to elect the type of award it seeks. Essentially, the claimant needs to choose between two available options: an inquiry as to damages (in other words, the loss the owner of the IP has suffered as a result of the infringement) or an account of profits (in other words, the gain the defendant made from the infringement). The claimant cannot choose both.

In broad terms, damages in respect of IP infringement in an inquiry are recoverable either in the form of lost profits, if it can be demonstrated that the owner of the intellectual property has lost sales as a result of the infringement, or a reasonable royalty. Other damages such as lost profits on unpatented ancillary goods such as spare parts may also be recoverable.

Lost profits comprise the incremental profit that would have been earned by the Claimant absent the defendant's infringement. Incremental profit is defined as the revenue the Claimant would have earned, less all of the costs that would have been incurred solely as a result of carrying out the work. A reasonable royalty is the hypothetical royalty that would have been negotiated by the IP owner and the infringer had they been willing parties to a licence agreement for the intellectual property prior to the infringing act.

Potential issues

• You are involved in a dispute over infringement of intellectual property and need to establish the damage suffered
• You need to determine a reasonable royalty rate for the intellectual property in question.

How we can support you

• By providing independent, objective expert evidence based on a combination of accounting, economic and financial analysis
• By providing a full understanding of the disputes resolution process and of the legal process, leading to a more effective presentation of the facts.