Calculating Economic Damages in Intellectual Property Infringement Cases

September 2016 Hardcover, PDF (813 pages)

Jonathan Dunitz, Nancy Fannon

Business Valuation Resources, LLC

In this one-stop resource you’ll find a comprehensive overview of strategies, analysis, case studies, and legal insight to help you calculate and recover or defend a case involving the infringement of intellectual property. Nowhere else will you find such a complete and thorough analysis of current case law and the valuation methods that form the basis of damage awards in IP infringement cases.

Inside the pages of Calculating Economic Damages in Intellectual Property Infringement Cases, you’ll learn the accepted methods and gain insight into legal issues from top damages experts and IP attorneys. This includes in depth materials on damages in the context of patents and other types of intellectual property as well as continually expanding case law that interprets what prior courts have deemed as acceptable evidence for intellectual property claims. You’ll also learn what the courts have rejected and details explaining the reason for the rejection.

This completely updated guide also features new materials on case law relating to reasonable certainty and motions to exclude experts in lost profits damages cases. Examples of chapter topics you’ll find in this comprehensive resource include:

  • Patent Infringement Damages: Lost Profits and Royalties
  • Lost Profits in Trademark and Copyright Cases
  • Use of Survey Research in Damages Estimation
  • Using Internet Analytic Tools for Valuation and Damages Calculations in Internet IP and Infringement and Defamation Cases
  • Plus an expansive section on the unjust enrichment remedy.

Plus much, much more included throughout this extensive resource. Calculating Economic Damages in Intellectual Property Infringement Cases is a must-have for all IP experts, tech transfer executives, and IP attorneys.

Add to cart


Table of Contents

PART I. EXPERT TESTIMONY IN THE U.S. COURTS  

Chapter 1. Professional Standards for Experts
Chapter 2. The Process: A Brief Introduction to the U.S. Court Systems,
Chapter 3. Spoliation of Evidence
Chapter 4. A Guide to Electronic Discovery and Evidence
Chapter 5. Expert Depositions: Accountants, Economists, and Appraisers
Chapter 6. The Reasonable Certainty Requirement in Lost Profits Litigation:  What It Really Means
Chapter 7. Motions to Exclude Financial Experts

PART II. LOST PROFITS DAMAGES  

Chapter 8. Motions to Exclude Expert Testimony
Chapter 9. Context of the Lost Profits Damages Claim
Chapter 10. Performing Credible Lost Profits Analyses
Chapter 11. Projecting But-For Profits
Chapter 12. Establishing Evidence in Lost Profits Cases
Chapter 13. Calculating Damages for Early-Stage Companies
Chapter 14. Lost Profits Versus Lost Business Value
Chapter 15. Discounting Lost Profits in Damage Measurements
Chapter 16. Discounting Damages: Case Law  
Chapter 17. Use of Forensic Evidence in a Lost Profits Case  
Chapter 18. Financial Forensic Services for Internal Investigations  

PART III. INTELLECTUAL PROPERTY DAMAGES  

Chapter 19. Intellectual Property Overview
Chapter 20. Patent Infringement Damages: Lost Profits and Royalties
Chapter 21. Lost Profits (and Other Damages) in Trademark and Copyright Cases
Chapter 22. Uses of Survey Research in Damages Estimation  
Chapter 23. Using Internet Analytic Tools for Valuation and Damages Calculations in Internet IP Infringement and Defamation Cases  

PART IV. THE UNJUST ENRICHMENT REMEDY

Chapter 24. Introduction to Remedies in Equity  
Chapter 25. Counting the Beans: Unjust Enrichment and the Defendant’s Overhead
Chapter 26. Restitution Rollout: The Restatement (Third) of Restitution & Unjust Enrichment: Counter-Restitution for Monetary Remedies in Equity

PART V. APPENDICES  

Appendix A. Federal Rules of Evidence Pertaining to Expert Testimony
Appendix B. Federal Rules of Civil Procedure Pertaining to Expert Testimony  
Appendix C. Reference Manual on Scientific Evidence: 3rd Edition (2011),
Selected Sections