On January 5, 2023, in the matter of Willis Electric Co., Ltd. v. Polygroup Limited, et al., Judge Wilhelmina M. Wright of the United States District Court for the District of Minnesota denied a motion to exclude expert testimony that relied on a license agreement post-dating the hypothetical negotiation.1 In this matter, Plaintiff Willis Electric […]
Lost Profits
Case Law on the Role of Non-Infringing Alternatives Under a Reasonable Royalty Analysis versus a Lost Profits Analysis
Consideration of non-infringing alternatives may be informative in determining financial damages associated with patent lawsuits under both a reasonable royalty analysis and a lost profits analysis. However, the following case law examples suggest that non-infringing alternatives serve a different role when considered under a royalty analysis compared to consideration under a lost profits analysis. In […]
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 […]
Six Managing Directors Join Ocean Tomo IP Disputes Practice
In June, J.S. Held President and CEO Jon Held announced the formation of J.S. Held Intellectual Property (IP) practice, which is a combination of the professionals from Ocean Tomo and IPFC and reports up through the firm Financial Investigations Division. The IP Practice is a core component of J.S. Held overall technical, scientific, and financial […]
New Managing Director Alexander Clemons
Ocean Tomo is pleased to announce the promotion of Alexander Clemons, JD, MBA to Managing Director in the firm’s Financial Experts Intellectual Property Disputes practice out of the firm’s Chicago headquarters. This practice area quantifies financial damages arising from intellectual property disputes and provides general litigation support. Prior to joining Ocean Tomo, Mr. Clemons worked […]
Extraterritorial Application of the Defend Trade Secrets Act
Trade secrets are a valuable form of IP which need to be protected. In 2019, the FBI reported that the annual cost to the US economy of counterfeit goods, pirated software, and theft of trade secrets is between $225 and $600 billion. To further the protection of U.S. trade secrets, President Obama signed into law […]