Intellectual Property Disputes

PRACTICE AREAS

In the complex realm of intellectual property disputes, where stolen ideas translate to tangible losses, Nouvelle Analytics steps in with unparalleled precision meticulously calculating the true financial impact of infringement and misappropriation. For clients facing patent infringement, trademark disputes, or trade secret issues, we tailor our analyses to the unique facts of each case, ensuring that the financial aspects are thoroughly examined and presented effectively.

We have experience in analyzing and successfully defending our assessment of damages in matters involving:

Lost profits: We have issued opinions based on an analysis of the Panduit Factors when assessing whether the defendant’s alleged infringement resulted in the plaintiff incurring lost sales and profits, including an assessment of demand, non-infringing alternatives, marketing and manufacturing capacity, and the plaintiff’s incremental profitability.

Price erosion: We have issued opinions regarding our determination of price erosion experienced by our client, including an assessment of market elasticities quantified through use of regression analyses.

Reasonable royalty rate estimation: We have issued opinions regarding reasonable royalties quantified based on an assessment of the Georgia-Pacific Factors. Such opinions focus on a determination of the revenue and profit that would have been expected from use of the inventions, and the degree to which such profits would have been shared by the parties based on their relative bargaining positions.

Convoyed sales damages quantification: As part of our assessment of reasonable royalties, we have assessed the impact of the patented invention in generating revenue and profit of non-patented products and services. Such profits increase the alleged infringer’s anticipated benefits from use of the invention as well as the reasonable royalty.

Calculation of profits related to unjust enrichment: We have issued opinions regarding the defendant’s unjust enrichment, including an apportionment of revenue and profit resulting from use of the claimed invention.

ATTORNEYS