Intellectual Property

Cornerstone Research has provided analysis and testimony in patent infringement litigation covering the full range of damages issues, including reasonable royalties, lost profits, price erosion, and injunction analyses.

Because patents exist in a wide variety of industry contexts, we do not use a “one size fits all” approach to valuing patented inventions in the post-Uniloc world. In line with recent court rulings, Cornerstone Research continues to employ sophisticated methodologies that underlie market-based evidence, such as surveys and conjoint analysis.

Our staff have analyzed trade secrets, due diligence and corporate governance practices, noncompete and 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, and mergers and acquisitions.

In addition, we 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, reasonable royalties, and licensing practices.

Our experience includes valuation and damages issues related to copyright infringement and breach of technology sharing. We have also analyzed reasonable royalties, industry licensing practices, and allegations of unfair competition. We have experience analyzing affirmative defenses to infringement, especially fair use defenses.

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.

Combining decades of economic analysis and intellectual property experience on complex matters, Cornerstone Research staff and experts address high stakes intellectual property issues in litigation, Patent Trial and Appeal Board (PTAB) and International Trade Commission (ITC) matters, and arbitration disputes.