Intellectual Property Damages Cost

By KW Economics Editorial Team · Updated

Intellectual property damages analysis is billed at an hourly rate against a retainer established at the outset, with a written fee schedule and a cost estimate before work begins. The scope of the engagement, and so its cost, depends on the factors below.

How intellectual property damages is billed

Intellectual property damages analysis is billed at an hourly rate for records review, license and market analysis, modeling, report preparation, and testimony. A retainer is established at the outset and applied against time incurred. The current rate schedule and retainer terms are provided on request and confirmed in a written engagement agreement.

What sets the scope

Intellectual property damages engagements are scoped to the rights asserted, the accused products and the damages period, and how much of the record must be built. A royalty analysis for one patent and one accused product line, with the infringer's sales data and the relevant licenses in hand, is the narrowest scope; several patents or marks, lost profits or price erosion claims that require the market to be reconstructed, trade secrets that must be valued one by one, apportionment that depends on survey or technical evidence, or parallel infringement and license claims widen it. We provide a written fee schedule and a cost estimate before work begins.

What drives cost

Also for this service

Schedule a consultation

Guides and methods

References

Request a consultation on IP Damages or call (201) 343-0700. Plaintiff and defense counsel.