KW Economics prepares intellectual property damages analysis for commercial contract dispute cases venued in New Hampshire: what the loss claim consists of, the records that drive it, and a present value built to New Hampshire damages rules and venues. Plaintiff and defense.
A commercial contract dispute becomes an intellectual property damages question when the contract is a license: a patent, trademark, software, or technology license whose royalties were underpaid, a licensee that kept selling after the license ended, or a dispute over the royalty base, the products covered, or the audit rights. The economist reads the license and its royalty provisions, rebuilds the royalty base from the licensee's sales records and any audit findings, and computes the shortfall by period under the contract's own terms. Where a licensee kept using the technology after termination, or an infringement claim is joined with the contract claim, the economist also measures the infringement damages, often a reasonable royalty informed by the license itself, and keeps the contract and infringement measures separate.
Economic analysis and expert testimony on damages in patent, trademark, copyright, and trade secret cases and in license and royalty disputes, for the patentee or the accused infringer and for either side of every other claim. The work measures each remedy the governing statute allows: a reasonable royalty and the patentee's lost profits, including price erosion, apportioned to the patented feature; the defendant's profits, the owner's actual damages, and corrective advertising in a trademark case; actual damages and the infringer's profits in a copyright case, where the infringer carries the burden of its deductible expenses and of the profit owed to other factors; and actual loss, unjust enrichment, or a reasonable royalty for a misappropriated trade secret.
The size of the claim depends on the contract's remaining term, the profit margin the business would have realized, and how much of the lost volume was or could have been replaced. Incremental cost treatment is the usual battleground: whether a given cost would have been avoided when the revenue disappeared changes the margin and therefore the loss. For a new venture or a contract without a performance history, the reasonableness of the projected revenue is the central dispute, and the period over which lost profits are claimed is scrutinized against the contract's terms and the market.
New Hampshire courts screen expert testimony for reliability under a statutory standard: the judge asks whether the economist is qualified, whether the opinion rests on sufficient facts and reliable principles and methods, and whether those methods were reliably applied to the case. A damages report is written to that inquiry, with every rate and table traced to a published source.
Highest court: New Hampshire Supreme Court. Court system: courts.state.nh.us.
Federal venues: District of New Hampshire.
New Hampshire reduces a negligence-based award by the plaintiff's share of fault and bars recovery once that share exceeds the combined fault of the defendants. Interest on the award runs from the filing of the writ in civil actions generally, so the interval between filing and judgment is part of the economic picture. Economic damages are not subject to a general statutory limit, and the report separates past from future amounts so the interest computation can follow.
We issue the final report on the disclosure schedule and provide deposition and trial testimony, critique of the opposing damages analysis, and updated calculations as the court construes any patent claims and the record develops.
A commercial contract dispute becomes an intellectual property damages question when the contract is a license: a patent, trademark, software, or technology license whose royalties were underpaid, a licensee that kept selling after the license ended, or a dispute over the royalty base, the products covered, or the audit rights. The economist reads the license and its royalty provisions, rebuilds the royalty base from the licensee's sales records and any audit findings, and computes the shortfall by period under the contract's own terms. Where a licensee kept using the technology after termination, or an infringement claim is joined with the contract claim, the economist also measures the infringement damages, often a reasonable royalty informed by the license itself, and keeps the contract and infringement measures separate.
New Hampshire courts screen expert testimony for reliability under a statutory standard: the judge asks whether the economist is qualified, whether the opinion rests on sufficient facts and reliable principles and methods, and whether those methods were reliably applied to the case. A damages report is written to that inquiry, with every rate and table traced to a published source. Commercial Contract Dispute cases venued in New Hampshire are heard in the Superior Court (General jurisdiction; civil cases with jury trials, felonies), with final appeals to the New Hampshire Supreme Court. Matters within federal jurisdiction proceed in the District of New Hampshire.
New Hampshire reduces a negligence-based award by the plaintiff's share of fault and bars recovery once that share exceeds the combined fault of the defendants. Interest on the award runs from the filing of the writ in civil actions generally, so the interval between filing and judgment is part of the economic picture. Economic damages are not subject to a general statutory limit, and the report separates past from future amounts so the interest computation can follow. The report presents past and future amounts separately, states every rate and table with its source, and shows the result under the alternatives the other side is likely to argue, so counsel can apply the New Hampshire rules to a documented figure.
Request a consultation on IP Damages or call (201) 343-0700. Plaintiff and defense counsel.