In patent infringement litigation, our in-house and affiliated experts have provided analysis and testimony concerning damages issues, including lost profits, price erosion, and reasonable royalties. We have addressed various aspects of patent damages, such as substitution between patented and allegedly infringing products, assessment of the value of patented technologies relative to other components, cost and feasibility of design-arounds, analysis of licensing practices, and the licensing of patents covering industry standards.
Cornerstone Research also has experience with evaluating other remedies—such as requests for injunctions and issues related to the standards set forth in eBay v. MercExchange and possible post-verdict royalties. We have also provided sophisticated economic analysis and expert testimony in connection with antitrust counterclaims in patent matters. In such cases, our experience includes analyzing allegations of monopolization and attempted monopolization, issues related to market definition, and assessing alleged harm to competition.
Trade Secret Misappropriation and Unfair Competition
The number of trade secret cases has grown rapidly, doubling every seven to ten years since 1950. In the majority of these cases, companies allege that current or former employees have misappropriated confidential or secret information. Even when the confidential information at issue is not asserted to have trade secret status, former employees and their new employers are often accused of engaging in unfair competition by using information alleged to have been acquired from the defendants’ business association with the plaintiff. In these types of cases, the analysis turns on understanding the nature of the allegedly protected information and how the defendants might profit from its use.
Cornerstone Research and affiliated experts have analyzed the nature of claimed secrets and efforts to protect them, due diligence and corporate governance practices, employment restrictions (noncompete or nondisclosure agreements), valuation of alleged secrets (using marketing and consumer survey experts), and damages. We have also addressed the role of technology-sharing agreements as part of due diligence for licensing, joint ventures, or mergers and acquisitions. In addition, our experts have prepared and rebutted damages claims and assessed allegations of unfair competition in cases claiming lost profits and unjust enrichment related to changes in market share, unjust “head start” gains, avoided costs of development, and reasonable royalties and licensing practices. Our experts have offered effective analysis and rigorously supported opinions in industries such as high technology and the Internet, financial institutions, and entertainment and gaming.
Copyright Infringement and Breach of Technology Sharing
Cornerstone Research staff and affiliated experts have provided analyses and testimony on a wide range of issues, including valuation and damages, related to copyright infringement and breach of technology sharing. Cornerstone Research has prepared and tested infringement-related damages claims in cases alleging lost profits and unjust enrichment. We have also analyzed reasonable royalties and industry licensing practices and assessed allegations of unfair competition stemming from unauthorized use or infringement. Moreover, Cornerstone Research has experience analyzing affirmative defenses to infringement, especially fair use defenses.
Trademark, Trade Dress, and False Advertising
Cornerstone Research staff and affiliated experts have provided analysis and testimony on a wide range of Lanham Act issues related to trademark and trade dress infringement and false advertising. We often work with multiple experts in a single matter to address complex liability and damages claims, combining economics, statistical, marketing, accounting and industry expertise. Cornerstone Research has designed and assessed surveys and evaluated survey responses to determine confusion and analyze customers’ purchase decisions.