Patent Infringement Damages

Reasonable royalties

The calculation of reasonable royalties has long troubled practitioners, regulators, and businesses, and US courts are increasingly rejecting rule-of-thumb and other approaches that fail to reflect the specific contributions of a patented technology. 

Meeting the courts’ higher standard requires a solid framework grounded in the facts of each case. Edgeworth experts employ approaches based on fundamental economic principles—principles that apply across cases and across industries—as well as up-to-date case law. 

Lost profits

Our economists specialize in the competition analysis necessary to quantify lost sales and price erosion for lost profit cases.  We address questions including:

• Did the introduction of the accused product result in a measurable impact on the patent holder’s sales? 
• How do consumers choose products and to what extent does product differentiation and brand affect their purchase decisions?
• Is the market share method applicable to the case?
• What competitive factors affect prices in the industry?
• After controlling for other factors, what impact, if any, was there from the alleged infringement on the patent holder’s prices? 

Injunctions

Our experts frequently assist counsel with assessing irreparable harm, remedies, the balance of hardships, and the impact on public interest when injunctions are at issue.

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