Patent Infringement Damages

The experts of Brattle’s IP practice have extensive experience quantifying economic damages in both lost profits and reasonable royalty cases.

We have testified on behalf of both plaintiffs and defendants on damages in a wide range of industries. In lost profits cases, we are recognized for our expertise in using state-of-the-art economic analysis to evaluate the market share and profits that would have accrued to the plaintiff(s) absent the alleged infringement. In reasonable royalty cases, we are experienced in valuing patented technologies using both survey and transactional data, as well as documents, and prior licenses, and in identifying the nexus between a product’s alleged commercial success and the patents at issue. Our experts, including Nobel Prize winner Daniel McFadden, have particular expertise in using conjoint and other types of surveys to collect data and in analyzing these data in order to value of the technology at issue.