A Full Range of Services
Our clients include the intellectual property practices of major law firms as well as specialty law firms. BDO Consulting professionals provide a full range of services to help our clients understand the extent of the damages associated with an alleged infringement, respond effectively to positions of opposing counsel and proffer credible testimony regarding damages. The areas we address vary according to the facts of each case and may include:
Discovery
- Assist with developing and responding to requests for production and interrogatories relating to damages
- Assist with depositions of fact and opinion witnesses relating to damages
- Research on market issues including industry trends, company market share, availability of resources and selling capabilities
- Review of documents produced by the litigants to identify those relevant to an opinion on damages
Damages Analysis
- Estimation of lost profits and/or reasonable royalties in utility patent infringement
- Quantification of the alleged infringer's profits in design patent infringement, trademark infringement or theft of trade secrets matters
- Analysis of the support for other areas of damages including price erosion, convoyed sales and early market entry
- Review and critique of damages analyses proffered by opposing counsel
Testimony
- Providing deposition and trial testimony on the theoretical approach, foundation and specific quantification of damages
- Assistance with preparation for potential areas of cross-examination
- Development of trial exhibits
- Support for motions regarding preliminary injunction or commercial success of the patented technology
Case Strategy
- Analysis of potential outcomes for evaluation of settlement offers, allocation of resources and other management needs
- Assistance with presentations to corporate management regarding case issues, potential damages outcomes and expenditures
- Assistance to counsel with development of cross-examination and arguments relating to damages
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