An intellectual property damages engagement moves through 5 steps, from the conflict check to testimony. Each step ends in something counsel can review, and the typical timeline shows how long each phase runs.
Engagement process
Retention and conflict check: We confirm conflicts across the parties, their affiliates, and the licensees in the record, identify the rights asserted, the accused products, and the forum, establish the retainer, and agree on the report deadline the scheduling order sets.
Records and data request: We request the accused products' unit sales, revenue, pricing, and cost data, the owner's financial and capacity records for its own products, every license to the rights in suit and to comparable technology with the negotiation files, the marking and notice records, and the business plans and forecasts from the date the infringement or misappropriation began, most of it produced under a protective order.
Analysis and modeling: We build each measure the claims support: the reasonable royalty from the comparable licenses, the profit the protected feature made possible, and the user's alternatives; lost profits from the market and the owner's capacity; the infringer's profits with its claimed costs and apportionment tested; and unjust enrichment net of any overlap, with the damages period and prejudgment interest applied.
Draft report and counsel review: We deliver a draft that states every input, the royalty base and the apportionment, the licenses relied on and the ones rejected, and the opinions of the technical and survey experts it relies on, and review it with counsel for completeness and factual accuracy before finalizing.
Final report and testimony support: 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.
28 U.S.C. sec. 1338 (patents, plant variety protection, copyrights, mask works, designs, trademarks, and unfair competition). law.cornell.edu
Georgia-Pacific Corp. v. United States Plywood Corp., 318 F. Supp. 1116 (S.D.N.Y. 1970), modified and aff'd, 446 F.2d 295 (2d Cir. 1971). static.case.law
Big O Tire Dealers, Inc. v. Goodyear Tire & Rubber Co., 561 F.2d 1365 (10th Cir. 1977). static.case.law
28 U.S.C. sec. 1295 (jurisdiction of the United States Court of Appeals for the Federal Circuit). law.cornell.edu
Unif. Trade Secrets Act with 1985 Amendments (Unif. L. Comm'n 1985). uniformlaws.org