The perspective of a patent and licensing expert may provide a persuasive balance to economist presentations on market and competition matters in antitrust litigation. For example, an expert with licensing and IP strategic management expertise can present the economic benefits of developing and executing a business strategy based on IP in a competitive environment, general […]
Ocean Tomo Financial Damages
5 Years of Defend Trade Secrets Act
Today marks five years since the passage of the Defend Trade Secrets Act, which grants parties the right to pursue trade secret claims and damages in federal courts instead of only state courts. While damages available to a plaintiff under federal law are similar to damages under state law, Ocean Tomo financial damages testifying expert […]
Ocean Tomo Serves as Economic Expert in Nation’s Two Largest Patent Damage Awards
Ocean Tomo CEO, James E. Malackowski served as economic expert in Centripetal $2.6 Billion to $3.2 Billion network security patent infringement award eclipsing previous record of Idenix $2.54 Billion verdict where Ocean Tomo co-founder Andrew W. Carter served as patent damages expert. On Monday the Honorable Henry Coke Morgan, Jr. Senior United States District Judge […]
An Example of a Plaintiff’s Damages Dilemma
An Arbitration Tribunal of the International Centre for Dispute Resolution recently rejected a counter-claimant’s request for $219 million for an alleged breach of contract due, in part, to inconsistencies within its damages claim. Nomir Medical Technologies, Inc. (“Nomir”) contracted with Selex Galileo, Inc. (“Selex”) in 2014 to have Selex develop and conduct human testing of […]
The FTC and ITC – Protecting America’s Industry
It has become more fashionable, and importantly more profitable, for a company to promote “Made in America.” After all, consumers perceptions of the Made in America mark (or similar marks) drive product preference and afford a price premium as “American Made” is perceived to offer higher quality. Research from Consumer Reports and Standard Textile indicates: […]
Virtual Trials and Remote Witnesses; Lessons from Recent Patent Trials
Given social distancing requirements and other pandemic related issues, jury trials have been largely discontinued. While most bench trials were also delayed, some courts have started holding remote, aka “virtual,” bench trials. Although not all that different from an in-person trial, virtual trials do have several defining features. Since the start of the current pandemic, […]
Supreme Court Decision in Romag Fasterners Inc. v. Fossil Inc. et al.
Thursday’s Supreme Court decision in Romag Fasterners Inc. v. Fossil Inc. et al. that willfulness should not be an “inflexible precondition” for disgorgement of defendant’s profits in trademark cases has now become one of the relatively few cases from the highest Court that speaks to monetary awards in such cases. What will – or should – […]