Technology related litigation, e.g., patent infringement and trade secret misappropriation matters, requires an explanation of complex concepts to the judge and jury. The responsibility for such explanations often falls to experts. Technical experts in patent infringement matters describe how elements of the asserted patent claims are (or are not) embodied in the accused product, to […]
Damages
Expert Testimony Insights on Trade Secrets
In a matter involving misappropriation of trade secrets related to software tools used in the healthcare industry, Syntel Sterling Best Shores Mauritius Ltd. v. Trizetto Grp., Inc., 68 F.4th 792, the Court of Appeals for the Second Circuit’s (“Second Circuit”) Order identified factors that may guide the recovery of damages based on avoided costs under […]
SCOTUS to Hear Case on Damages for Trademark Violations Based on Foreign Sales
In 2023, the U.S. Supreme Court (SCOTUS) will take up what could prove a landmark case on the reach of U.S. courts in awarding damages based on extraterritorial sales in trademark disputes. The case is Abitron Austria GmbH, et al. v. Hetronic International, Inc., Docket 21-1043. Hetronic manufactures construction equipment components. By agreement, Arbitron and […]
Overview of Lost Profit Damages in IP Disputes
At its core, lost profit damages are an evaluation of the additional profit the plaintiff would have made had the defendant not committed the alleged wrongful act. Lost profit damages can take many forms including lost profits related to lost sales, price erosion, increased expenses, or injury to a company’s goodwill/reputation. Lost profit damages may […]
New Managing Director Shelly Irvine
Ocean Tomo, a part of J.S. Held, welcomes intellectual property (IP) expert Shelly Irvine. Ms. Irvine will lead the San Francisco office, expanding financial expert opinion, strategy consulting and transaction advisory client service on matters involving intellectual property and other intangible assets. Ocean Tomo Founder and Senior Managing Director, James E. Malackowski identifies significant synergies […]
Role of Patent Expert in Antitrust Litigation
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 […]
IP Transaction Ecosystem – Update on Market Activity
Ocean Tomo Chief Executive James E. Malackowski will join the Greater Washington DC Chapter of the Licensing Executives Society (LES USA/Canada) for their monthly meeting and webinar on Thursday, September 9, 2021, from noon to 1:00 pm EST. The event is free to LES members. Non-members can contact [email protected] for registration details. Jim’s presentation will […]
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 […]