KW Economics provides intellectual property damages analysis for matters venued in New Jersey. Patent, trademark, copyright, and trade secret damages, measured claim by claim, take the form each statute provides: a reasonable royalty and the patentee's lost profits for a patent, the defendant's profits, actual damages, and corrective advertising for a trademark, actual damages and the infringer's profits for a copyright, and actual loss, unjust enrichment, or a reasonable royalty for a trade secret, each apportioned to the protected right and built from the parties' own sales, cost, and license records. The federal patent, trademark, and copyright measures do not change with the state, though the regional circuit's decisions govern how the copyright and trademark measures are applied; New Jersey's own law can govern the contract and license claims, whether they are brought with an infringement claim or on their own, and counsel confirms which law governs each claim. Plaintiff and defense.
Patent and copyright claims are heard only in the federal courts, which for a case filed in New Jersey means the federal district court serving New Jersey, though a case involving a business there may be filed in another district where venue lies; appeals in patent cases go to the United States Court of Appeals for the Federal Circuit, and trademark and trade secret claims can be filed in federal court or in New Jersey's own courts. New Jersey's Superior Court, Chancery Division and Superior Court, Law Division are the primary trial-level forums for the trade secret, unfair competition, contract, and license claims under New Jersey law brought on their own; joined with a patent or copyright claim, they are usually heard with it in federal court. Final appeals in the New Jersey court system run to the Supreme Court of New Jersey.
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.
Intellectual property claims that involve New Jersey reach several courts: the federal district court serving New Jersey for the patent and copyright claims filed there, which only the federal courts may hear, and for the trademark and trade secret claims filed in federal court; the United States Court of Appeals for the Federal Circuit for every appeal in a case with a patent claim, and the court of appeals for the Third Circuit for the others; and the Superior Court, Chancery Division and the Superior Court, Law Division for the trade secret, unfair competition, contract, and license claims under New Jersey law brought on their own. The federal patent, trademark, and copyright measures do not change with the state, though the regional circuit's decisions govern how the copyright and trademark measures are applied, and New Jersey's own law can govern the contract and license claims; the court fixes the interest and decides any enhancement of a patent or trademark award, and the report presents each measure so it can be applied to the claims the fact finder accepts.
Intellectual property damages analysis for New Jersey matters is directed by Christopher Skerritt, M.Ed., MBA, Chief of Economic Services, who is available to testify to it.
Our experts serve clients throughout New Jersey, including the following communities.
KW Economics offers complementary services to support your New Jersey cases.
Yes. KW Economics provides intellectual property damages analysis for attorneys handling matters venued in New Jersey, for plaintiff and defense counsel, with the analysis sized to the engagement scope and built from the parties' own sales, cost, and license records and from comparable licenses and market data selected for the technology at issue rather than from data for the venue.
An intellectual property damages engagement typically includes a records request (the accused products' sales, pricing, and cost data, the owner's sales and capacity records, and every license to the rights in suit and to comparable technology), the identification of the rights, the accused products, and the recoverable period, a reasonable royalty built from the comparable licenses, the profit the protected feature made possible, and the user's alternatives, lost profits or the infringer's profits where the claims support them, apportionment to the protected right with the technical and survey experts' inputs stated, a report that shows the result under the opposing analysis, and deposition and trial testimony when required. Scope and turnaround are calibrated to the claims, the court's schedule, and the governing disclosure framework.
In the federal district courts, which hear patent and copyright infringement claims between private parties, the court's scheduling order sets the dates for the expert reports, and in a patent case the damages reports usually follow the court's construction of the claims. In a case heard in the New Jersey trial courts, such as a dispute over royalties owed under a license, the case management or scheduling order sets the date. KW Economics confirms the disclosure date at retention and sizes the records request and turnaround to it; counsel confirms the governing deadline for the case.
Request a consultation on IP Damages in New Jersey or call (201) 343-0700. Plaintiff and defense counsel.