Insights on Technical and Financial Expert Collaboration, Intellectual Property Portfolio Analysis, and Lost Profit Damages

Insights on Technical and Financial Expert Collaboration, Intellectual Property Portfolio Analysis, and Lost Profit Damages

Welcome to the fifty-second edition of Ocean Tomo Insights, our weekly LinkedIn newsletter featuring Expertise for the Innovation Economy? - unique insights from intellectual property (IP) experts at Ocean Tomo, a part of J.S. Held.

In this edition, Eric Carnick, Chris Wichser, and James E. Malackowski discuss how closer collaboration between technical and financial experts in complex technology litigation can bring a more accurate and complete analysis of value to the judge or jury hearing the case. Chris Wichser shares his expertise on ensuring ROI through IP portfolio analysis. Also in this edition, Garrett Glover discusses quantifying lost profit damages in IP disputes.


Collaboration Between Technical and Financial Experts in Intellectual Property Litigation

A comprehensive technical analysis is often critical to defining the value of the technology-at-issue in patent infringement and trade secret misappropriation litigation. Both technical and financial experts are brought into these complex technology matters to opine on different but related issues. However, the question of value is often related to underlying technical subjects that are not the primary focus of the technical expert. Consequently, technical expert opinions and financial expert opinions are often separated.

Eric Carnick, Chris Wichser, and James E. Malackowski discuss how closer collaboration between technical and financial experts in complex technology litigation can bring a more accurate and complete analysis of value to the judge or jury hearing the case.

To learn more, click here.


Ensuring ROI Through Intellectual Property Portfolio Analysis

To ensure a healthy return on investment from your IP portfolio, engage in a thorough analysis. Ocean Tomo’s technical experts collaborate with your team to ideate evolving technologies within your niche.

An in-depth portfolio review identifies patents with the greatest potential for return, allowing you to benefit from a strong IP portfolio without unnecessary financial and administrative burdens. To learn more, click here.

For further information, please contact?Chris Wichser?at?[email protected]?or +1 856 296 9281.


Overview of Lost Profit Damages in Intellectual Property Disputes

Quantifying lost profits damages in disputes that involve claims pertaining to IP assets can range from relatively straightforward to extremely complex for a host of case-specific reasons.

To assist in establishing lost profit damages there are various recognized frameworks with one such accepted standard detailed in Panduit Corp. v. Stahlin Bros. Fibre Works, Inc. In particular, the case described four factors (the “Panduit Factors”) that can be used to establish lost profit damages in a patent infringement dispute.

To learn more about quantifying lost profit damages in IP disputes, click here.

For further information, contact Garrett Glover at [email protected] or +1 312 327 8160.


Not Necessarily the IP News series, focusing on the lighter side of IP.

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