Expert witnesses can make or break your intellectual property litigation. This series, authored by Schwabe IP attorney Devon Newman and published in InsideCounsel Magazine, addresses how to get the most out of an economic expert to establish the plaintiff’s case for damages for infringement of its intellectual property.

Getting the full value of economic experts in IP litigation: A qualified expert is key
March 13, 2015
This series addresses how to get the most out of an economic expert to establish the plaintiff’s case for damages and prove the amount of damages due to a breach.

Two types of patent damages claims
March 27, 2015
Expert testimony generally establishes the Panduit conditions. Next, the expert models how the market would have behaved if defendant had never released the infringing product. The plaintiff recovers the amount of profits it would have made minus profits it actually made.

The 3 types of trademark damages claims an economic expert can help prove
April 10, 2015
A trademark owner can recover three types of compensatory damages for infringement: an accounting of infringer’s profits, the actual damages the owner lost to the infringer and a reasonable royalty representing the owner’s damages.

The 3 types of trade secret misappropriation damages claims an expert can help prove
April 24, 2015
To calculate damages, an expert can consider both the plaintiff’s historical data and defendant’s own profit margins earned on products sold using the misappropriated process.

The two types of copyright damages claims an expert can help prove
May 8, 2015
When the plaintiff does not or cannot elect statutory damages, the plaintiff can prove two types of alternative remedies with the assistance of an economic expert.

Getting the most out of working with your economic expert
May 22, 2015
I recommend best practices for engaging and working with expert witnesses. In-house counsel can use this information to ensure their trial counsel obtains the maximum benefit of an expert for the case.