Increased Scrutiny and Battles Surround Intellectual Property

January 27, 2022

By: Marc Katsanis
Intellectual property (IP) is often a company’s or individual’s most significant asset.  When there is a dispute over the ownership or an alleged infringement of an IP asset, the owner of the IP may be entitled to monetary damages.  Whether the IP is a trademark, patent, or other form, Chaffe can assist in preparing damages calculations and providing expert testimony.

Trademark Infringement Damages

According to the Lanham Act, a trademark owner has two remedies for trademark infringement: (1) injunction and (2) monetary relief.

Monetary relief can come in the following forms:

  1. Defendant’s profits
  2. Damages sustained by the plaintiff
  3. Costs of the action
  4. Corrective advertising
  5. Statutory damages

Chaffe’s IP experts can work with you to analyze the available data and prepare an expert report for matters including:

  • Defendant’s profits
  • Reasonable royalties
  • The impacts of trademark confusion, profit apportionment, or corrective advertising costs
  • Loss in trademark or business value

Patent Infringement Damages

Patent infringement damages can be awarded in accordance  with Title 35, Section 284 of the US Code, which states that “the court shall award the (successful) claimant damages adequate to compensate for the infringement but in no event less than a reasonable royalty for the use made of the invention by the infringer, together with interest and costs as fixed by the court.”

Chaffe can assist you in calculating potential damages and provide you with an expert report in areas including:

  • An analysis of the patent holder’s lost profits that would have been made but for the infringement
  • A reasonable royalty rate analysis based on comparable licensing agreements and existing licensing agreements
  • An analysis of available financial and other data to assist in apportioning profits to particular patented features