Intellectual Property Disputes
The vigorous protection of intellectual assets through assertion and defense of ownership rights is critical to an effective business strategy. Retaining an experienced and credible Intellectual Property (IP) expert can make all the difference in achieving the desired outcome in the dispute resolution process.
Navigant’s IP consulting team offers deep industry and technical knowledge and an extensive and successful track record in analyzing and testifying to damages and other economic issues in Intellectual Property disputes of every scope and size. We serve industries and organizations of all sizes and structures involved in patent, copyright, trademark, and trade secret/trade dress disputes. We also handle matters involving:
- Unfair competition
- False advertising
- Right of publicity
- Royalty/licensing disputes
- Loss of intellectual property rights
- Fraudulent conveyance
Patent Infringement: Handheld Barcode Readers
A machine manufacturer was involved in a patent infringement matter against a direct competitor. The patent-in-suit related to technology found in specialized handheld barcode readers. Navigant calculated damages based on the plaintiff’s lost profits, as well as an alternative damages analysis using a reasonable royalty based on the income approach to valuing intangible assets. A Navigant expert testified in federal district court on behalf of the Plaintiff. The jury found in favor of the plaintiff and awarded damages based on the lost profits analysis calculated by Navigant.
Patent Infringement: Mass Notification Software
Navigant was engaged by a company to assist in its defense against allegations of patent infringement brought forth by a competitor in the emergency mass notification market. The plaintiff’s expert argued for a royalty rate in excess of 10% of accused sales, resulting in a multi-million dollar damages amount. The patent-at-issue related to a system and method for providing emergency mass notification messages through a variety of platforms, such as text message, email, and voicemail. Navigant’s expert provided rebuttal opinions to the plaintiff’s expert by dissecting the qualitative factors used to arrive at a reasonable royalty. As a result of Navigant’s rebuttal analysis, a reasonable royalty was determined to be no more than 1.5%. Our client received a favorable settlement.