Intellectual Property

Cornerstone Research provides expert economic analysis and testimony for matters at the intersection of IP and antitrust law. We address complex competition issues involving IP, such as standard-setting, Fair, Reasonable, and Non-Discriminatory (FRAND) licensing, patent misuse, and other allegations of monopolization and anticompetitive behavior. We are frequently called upon to assess market power, competitive injury, and associated damages.

We provide expert analysis to quantify damages in high stakes patent litigation. Our work involves data-driven modeling and calculation of lost profits, price erosion, and reasonable royalty rates based on well-accepted economic and market-based approaches.

We address issues involving standards formation and standard essential patents (SEPs). We analyze the economics of FRAND obligations, providing valuation and royalty rate assessment for complex licensing and cross-licensing negotiations.

We combine deep industry expertise with financial analysis for disputes arising from breaches of technology agreements. We regularly calculate damages related to alleged breaches of IP licensing agreements and other technology agreements, such as service agreements, sales/supply agreements, collaboration agreements, or data agreements. We provide expert testimony in litigation and economic guidance in licensing and settlement negotiations.

We address valuation and damages issues related to copyright infringement and breach from sharing. We address copyright issues in entertainment media, functional software, digital content, and protected designs. We have also analyzed economic fair use defenses, industry licensing practices, and allegations of unfair competition.

We address the complex and emerging economic challenges related to artificial intelligence (AI), Big Data, and generative AI in IP litigation. We have expertise in gen AI and copyright, patents related to AI silicon hardware, and proprietary data sets (trade secrets), as well as the impact of AI on competitive markets.

We analyze trade secrets damages, corporate governance practices, noncompete and nondisclosure agreements, employee movement, and consumer-based valuation of alleged secrets. We have also addressed the role of technology-sharing agreements as part of due diligence for licensing, joint ventures, and mergers and acquisitions.

We have also 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, reasonable royalties, and licensing practices.

We have consulted on Lanham Act issues related to infringement of trademark and trade dress, as well as false advertising. To address complex liability and damages claims, we often work with marketing, branding, and advertising experts combining our collective economics, marketing, statistical, accounting, and industry expertise.

Our staff and experts design, execute, and critique consumer surveys and market research (e.g., conjoint analysis) to quantify consumer behavior in IP and damages matters. Our work supports damages claims, measures consumer confusion, and apportions value to specific IP features.

We provide economic analysis and expert testimony for investigations before the U.S. ITC. We assess economic factors related to domestic industry, public interest, remedies, and bonding.

Cornerstone Research staff and experts evaluate patented invention’s marketplace success, providing the necessary economic analysis to establish causal nexus (link between the patent and commercial success). This analysis is crucial in defending patent validity against obviousness claims.