Intellectual property cases can generate substantial recoveries, but determining damages can be exceptionally complex as the financial impact of an IP claim may be deeply embedded in the technology and sales data of an organization.

We provide assessments of the financial impact of infringement, misappropriation, as well as damages calculations for claims. Our experts are routinely called upon to provide expert testimony on a variety of damages-related issues in IP cases, such as:

• Lost profits
• Diminution of value
• Unjust enrichment and disgorgement
• Valuation

How we assist attorneys in litigation as consulting experts

In a damages calculation for an intellectual property claim, our team examines the evidence in the record to ensure our opinion will not be viewed by triers of fact as speculative or constructed with cherry-picked data.

We know that failure to consider sufficient relevant data—a term of art in the CPA’s standard of care—is a major reason that expert testimony is excluded from cases. At FSS, we rely on the numbers and the story they tell. Our team uses reasonable methodologies and assumptions in a calculation that align with the facts of the case.

No case is simple and calculations in IP cases are not always straightforward. That is why it is critical for counsel to work with professionals who understand how to pair damage calculations with the evidence in the record and who can tell the story effectively.

How we assist attorneys in litigation as testifying experts

The ability to clearly tell a story and to translate complex data into easily understood material in court is a core talent of the FSS team. We provide expert testimony that is designed to survive challenges and that can be embraced by judges, jurors and other triers of fact.

One of the most effective ways to tell a story is to illustrate it with strong visuals. That is an especially important task in complicated intellectual property cases. We deploy advanced technology to create compelling visual exhibits via meaningful flow charts, timelines, pictures to illustrate facts. We know that a picture is worth a thousand words and can be a critically important tool in helping drive the success of an argument.

Litigation and investigation are too complicated, expensive, and the risks are too high to select the wrong financial expert. At FSS, we understand this.

You want to avoid risk of unfavorable summary judgments, your motions being denied, or your expert being excluded by an opposing party’s motion.

We don’t believe you should be frustrated or unsure about your financial expert. With a collaborative team of niche financial experts, harnessing technology-driven solutions—we will guide you to mitigate these risks and work with you to achieve a successful resolution of your case.

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