Analysis of the infringing volume
We assess the infringing volume and value based on available data on the products or services concerned.
Trademark, Patent, Product, or Software Infringement
Independent expert opinion on the quantification of infringement damages. Analysis of lost profits, additional costs, and implied royalties.
When is this expert opinion required?
The expert opinion involves quantifying the economic consequences of infringement based on lost profits, additional costs, or an implied royalty. It is required when a company believes it has suffered damages as a result of the infringement of a trademark, patent, product, or software.
METHODOLOGY
We compare the normal situation with the actual situation in order to assess lost profits, the infringing volume, additional costs, and the implied royalty.
Market and trend study
We analyse the market and extrapolate past trends in order to establish a counterfactual scenario without infringement.
Quantification of the damages
We quantify lost profits, the impairment of investments, additional costs, and the implied royalty.
Report and assistance
We prepare a report as claimant or defendant, respond to opposing arguments, and assist the company throughout proceedings.
We handle infringement of trademarks, brand elements (shape, colour), patents, products, and software.
We compare the normal situation with the actual situation, incorporating lost profits, the infringing volume, additional costs, and the implied royalty based on a market analysis.
Yes. We verify the link between the infringement and the costs incurred, as well as the directly attributable and additional nature of those costs.
We analyse the infringing volume, product positioning, market trends, investments made, and exploitation terms in order to assess the economic impact of the infringement.
WHAT WE OFFER
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Intellectual property expertise
Command of the economic mechanisms of infringement and of damages quantification methods.
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Rigorous counterfactual analysis
Structured comparison between the situation with and without infringement, based on market data.
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Robust economic argumentation
Well-supported, clear analyses that effectively defend a position in negotiation or before a court.
