Disputes and Economics

Intellectual Property

Proven Expertise and Deep Experience

With decades of experience valuing intellectual property, Navigant’s IP team is comfortable presenting findings in the boardroom and the courtroom. We work with clients to assess, value, and manage IP assets in today’s innovation economy. Our solutions combined with our extensive personal experience drives greater success for our clients.

We combine timely and detailed market information with advanced data and analytical tools to deliver state of the art valuations. We consider the effects of the ever-shifting tax and regulatory environments of individual countries and regions; and the impacts of new patent regimes, new courts, and new legal precedents on IP value. Navigant’s IP team collaborates with multiple data and analytics service providers to create customized solutions in the areas most critical to our clients: strategy, transactions and disputes.

Our IP team works closely with legal counsel, inventors, owners, and investors across all IP rich industries. We collaborate with experts in IT, Telecom, Energy, Healthcare, Life Sciences, and Financial industry sectors across Navigant, and when necessary partner with external experts.

Solutions

Strategy – We work with executives and their outside counsel to benchmark, value and develop monetization plans across a range of industries. Our work has generated hundreds of millions of dollars in value over the years.

 Intellectual Property Strategy

Transactions – We work with IP owners in licensing, sale, and capital raising transactions, leveraging our sophisticated licensing models to support license, purchase and sale negotiations, capital structures for fund raising, and joint ventures to commercialize new technologies. We have completed hundreds of such assignments generating hundreds of millions of dollars of value for clients across a range of industries.

 

Disputes – We regularly assess economic value and testify on behalf of IP owners and alleged infringers in federal and state courts, and other domestic and international forums including:

Reasonable Royalty: Analysis and expert testimony on the outcome of “hypothetical negotiations” between litigating parties to determine damages based upon a reasonable royalty for the subject intellectual property.

o Lost Profits: Analysis and expert testimony about the profits that might have been realized absent or but for the alleged infringement or misappropriation of the subject intellectual property.

o Unjust Enrichment Analysis: Analysis and expert testimony arising from the alleged misappropriation of trade secret information or infringement of copyright, trademark/trade dress, and design patents.

o Commercial Success: Analysis and expert testimony on the nexus (or lack thereof) between the claims of the infringed patent and the success of the product(s) embodying the patent.

o Domestic Industry: Forensic and prospective financial analysis regarding the products which use the intellectual property at issue and any significant investment in plant and equipment; significant employment of labor or capital; or substantial investment in its exploitation.

 

Industries

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