Intellectual Property Damages & Expert Testimony

Intellectual Property Damages & Expert Testimony

Expert Testimony for Intellectual Property Litigation.

Advisory Test

Patents, trademarks, copyrights, brands and trade secrets are often the most valuable assets a business owns. These intellectual property assets are also the focus of essential litigation for many business organizations. Our team of damages, forensics and valuation experts provide economic damages calculations in IP litigation and valuations of patents, trademarks, copyrights, trade secrets, brands and online assets.



We provide:

  • Credentials and experienced expert testimony
  • Forensic and economic analysis support in economic damages calculations, including lost profits, unjust enrichment, profit disgorgement, profit apportionment, reasonable royalty and valuation of intangible assets
  • Access to IP transaction databases, advanced forensic and data analysis tools and internet and social media analytics

Expert CVs can be provided upon request.

Trademark and Brand Litigation:

In the United States, the Lanham Act allows economic damages to be calculated based on actual losses suffered by the plaintiff and disgorgement of unjustly achieved profits at the alleged infringer. We apply sound forensic financial analysis, data analysis tools and internet analytics to support damages opinions for Lanham Act, trademark infringement, trade dress, corrective advertising, confusion and defamation cases.

Copyright Litigation:

The Copyright Act requires that economic damages must quantify the portion of economic benefits achieved due to the copyright infringement. Further, each category of copyright asset (music, art, publishing, software and marketing content) impacts business performance in a unique way. Our experts have provided expert testimony and profit apportionment opinions for various artists, publishers, software businesses and marketing organizations.

Utility and Design Patent Litigation:

Economic damages for patent infringement claims typically require a well-supported reasonable royalty analysis. We have the resources and experience to identify benchmark transactions and support damages calculations based on royalty relief, lost profits and profit apportionment for utility and design patent cases.

Endorsement, False Advertising and Defamation:

Our experience quantifying the impact of intangible assets as forensic analysts, valuation specialists and economic experts enable expert testimony in Name, Image & Likeness disputes and defamation cases. Effective analysis and testimony for these cases require measurement of the unique impact on financial performance created by celebrity endorsements and caused by disparagement and defamation.

Brian Buss


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