Intellectual Property Disputes

As innovation continues to drive change and create value, issues surrounding intellectual property (IP) are of paramount importance in global finance. Given that companies are constantly working to protect, restore and monetize these assets to maximize enterprise value, Duff & Phelps helps companies obtain the best business results.

Our professionals provide solid, defensible analysis and practical advice that our clients need to make sound business decisions. Our professionals have extensive real-world licensing experience, which can be called upon both inside and outside of the context of litigation.

We provide critical IP valuation insight for strategic IP management decisions in the areas of IP licensing, portfolio management, M&A, and acquisition and dispositions.

We have significant experience in calculation of damages (from infringement of patents, trademarks, trade names, and copyrights to misappropriation of trade secrets) as well as in licensing and valuation-related disputes. 

The Duff & Phelps IP team adds value through all stages of IP litigation:

  • Early case assessment: analysis of accounting, financial, economic and business issues
  • Litigation: expert reports and opinions, mediation and settlement presentations, expert witness deposition and trial testimony
  • Post-litigation: settlement/post-verdict damages impact analysis

Our professionals have been designated as experts in IP litigation in state and federal courts across the U.S. and Canada, the International Trade Commission, and in global arbitration matters. We have experience addressing the full range of potential IP damages and economic issues, including:

  • Lost profits
  • Price erosion
  • Reasonable royalty
  • Disgorgement
  • Unjust enrichment
  • Corrective advertising
  • Likelihood of confusion
  • Ongoing royalties
  • Domestic industry and bonding
  • Pre- and post-judgment interest
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