Intellectual Property Damages

For disputes involving Intellectual Property such as patent infringement, trademark infringement, copyright infringement or the misappropriation of trade secrets, IP Damages can include lost profits, reasonable royalties, convoyed sales, price erosion, and other consequential damages depending upon the specific nature of the dispute.   Because of the great potential value represented by intellectual property rights, such disputes are often hotly contested and frequently involve substantial amounts of money and “bet-the-business” legal issues.


Summary of Infringement and Damages Example

Summary of Infringement and Damages


Analysis Icon

Damages Analysis

Damages analyses often requires, or benefits from, the analysis of large data sets and the construction of financial and economic models.  Damages analysis frequently forms the foundation for expert testimony in litigation.


Market Analysis

Sample Market Analysis


Determining Damage Timelines and Summarizing Financial Impact

FSI can investigate all the relevant background facts and business events in order to determine when financial damages calculations start and end.  This usually involves the activity of the infringing party as well as other market competitors whose business activity will affect infringement calculations.

Reasonable Royalty Determination

Reasonable Royalty Determination


Sometimes this financial analysis can yield significant Patent Infringement damages awards, especially when supported by Expert Testimony before a federal court judge and jury regarding the fair market value of the harms which an infringer’s business activity caused the owner of the patent rights.


For more information, please contact FSI at