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Intellectual Property
When intellectual property (IP) rights have been infringed, it’s necessary to assess the economic impact of the alleged infringement.
Whether on behalf of the IP owner or the alleged infringer, MDD’s forensic accountants have the training and experience required to accurately assess financial remedies in disputes related to patent, trade secrets, trademark and copyright infringement.
HIRE US
Our experts have significant experience providing analysis and testimony in IP matters addressing a wide range of damages issues including lost sales, lost profits, price erosion, reasonable royalties and unjust enrichment.
MDD professionals have addressed IP damages issues in a variety of industries including automotive (OEM and Tier one suppliers), chemicals, computers, construction, consumer products, electronics, food service, manufacturing, mining, retail, software, surgical/medical equipment and telecommunications. Our experts have provided deposition and trial testimony on IP damages issues and are adept at presenting the findings in a clear and concise manner.
When you hire MDD for intellectual property matters, we can:
- Assess the potential magnitude of claims on a preliminary basis to assist with litigation strategy
- Assist in preparation of initial discovery requests to help identify the financial data and business records necessary for translating abstract economic theories into fact-supported opinions
- Evaluate and address the factors needed to support or rebut a claim for lost profits including product demand, available alternatives, manufacturing and sales capacity, and profit amount
- Evaluate reasonable royalty issues including the factors to be considered in the hypothetical negotiation, comparability of existing licenses and the application of the analytical method
- Quantify the infringer’s profits in design patent, trademark and trade secret matters including apportionment considerations where appropriate
- Support counsel in preparation for opposing expert depositions
- Provide expert witness testimony when necessary
Experience
Experience
Contact one of our experts below or filter experience based on region.
ARTICLES
RELEVANT ARTICLES
Our experts are extremely knowledgeable about thier subject areas and often write educational material and commentary on topical issues they come across.
How Forensic Accountants Can Help You Manage and Effectively Resolve Litigation Cases
If you have not worked with forensic accountants before, an understanding of what they do in litigation support and how they differ from other accountants may be surprising to you. Modern television dramas’ common use of the word “forensic” may...
Gift Cards and the Illiquidity Discount – A Valuation Perspective
With the busiest season of the year for retail sales upon us, you are no doubt wondering what to buy for that special someone. If you’re reading this blog – and I have every reason to believe you are –...
Patent Infringement Judgment – Non Infringing Alternatives
The Federal Court of Appeal has issued a ruling that could have wide-ranging consequences for the calculation of patent infringement damages. In Apotex Inc. v. Merck & Co., Inc., 2015 FCA 171, the FCA rejected the trial judge’s ruling (Merck...
Court Breaks with Apportionment
The case of Varco Canada Limited v. Pason Systems Corp., 2013 FC 750 (CanLII) involved an award of over $52M based on an accounting of the defendant’s profits. Perhaps more importantly, the decision sheds light on a number of conceptual...
Tax Rates, Timing and Damages
In Canada, as a general rule, damages awards are subject to the same tax treatment as the monetary amounts they are meant to replace. For example, awards for lost profits are taxed as business income [1]. Litigation can often take...
A New Take on the Accounting of Profits Remedy
The Federal Court’s decision in Merck & Co. v. Apotex Inc. [2013] F.C.J. No. 840, has shed a novel light on to how damages for patent infringement are to be calculated. Previously, in its decision in Monsanto Canada Inc. v....
Forensic Accountants Make It Add Up
Corporate fraud, insider trading, 9/11, intellectual property infringement the list goes on as to instances where parties have committed acts resulting in financial losses. The legal challenge in proving financial wrongdoing is a minefield in itself, but what steps need...
Fight the Battle on Two Fronts – Liability and Damages
Plaintiff and Defense attorneys are guilty! Guilty of waiting until the last minute to address areas of damages. MDD is very often retained in litigation engagements when the measurement of damages takes a back seat to liability and causation. Although...
