With experience in over 500 financial damages expert testimony engagements involving detailed evaluation of more than 1000 inventions in over 100 industry segments Ocean Tomo Experts provide unique assessment of evolving intellectual property litigation market.
On Early Damages Disclosures and Contentions
Similar to what started about a year ago in the Eastern District of Texas, the Northern District of California has implemented new rules related to early damages disclosures and contentions. Many agree that the purpose of these rules is to bring proportionality to case effort, to encourage settlement, and to streamline damages disputes by bringing key issues to the forefront early. How parties will treat these new rules will evolve over time, but we encourage litigants to not forget to consider how technical considerations could impact their damages case, and plan their contentions accordingly.
Andy Carter is Managing Director of the Expert Services Practice Group and one of the founding members of Ocean Tomo.
To explore this topic and how it could influence your case, please contact Andy At +1 312.327.4420
On Medical Device Patent Litigation
When working on patent, contract and other cases involving pharmaceuticals or medical devices, a basic understanding of the relevant regulatory environment is vital. Basic information such as the required clinical trials, the product’s schedule and status with respect to these trials, and any data informative of the likelihood of success is critical to evaluating financial projections at different times in the product’s development and may be key to determining pointin- time valuations and legal constructs such as a hypothetical license negotiation. Useful information may often be found in publicly or privately available sources outside formal discovery channels.
Cate Elsten is a Managing Director, senior testifying and consulting expert in Ocean Tomo’s San Francisco office.
To explore this topic and how it could influence your case, please contact Cate At +1 415.388.0368
Trade Secret Damages in Federal & State Jurisdictions
It has been about one year since the Defend Trade Secrets Act (DTSA) was passed, offering the opportunity to pursue litigation under federal law as well as under state Uniform Trade Secret Acts (UTSA). Calculating damages for trade secrets either under the DTSA or a state UTSA offers opportunities to determine the appropriate compensation using a variety of monetary remedies such as lost profits of the plaintiff, unjust enrichment of the defendant (including unjust enrichment from a head start) and reasonable royalties. More than one remedy may be awarded, as long as the amounts are not duplicative. Determining damages requires flexibility to tailor the analysis to match the facts and circumstances. While this flexibility in approach assists in crafting the most appropriate monetary remedy, it also imposes an obligation to be thoroughly prepared to reflect the facts and circumstances of the alleged misappropriation accurately.
Shirley Webster is Managing Director, financial damages expert and head of Ocean Tomo’s Houston office.
To explore this topic and how it could influence your case, please contact Shirley At +1 713.223.7151
On Damages Before the ITC
The number of Section 337 filings has increased significantly over the past several years as the International Trade Commission (ITC) has become an increasingly popular venue to combat a variety of alleged unfair trade practices. Countering that trend are heightened standards for proving the economic prong of domestic industry, for both practicing and non-practicing entities. Therefore, when considering a 337 investigation, it is important to not only understand what forms of investment can be relied on to establish a domestic industry, but also how to best quantify and establish the significance of those investments.
Mike Milani is a Managing Director and intellectual property damages expert in Ocean Tomo’s Chicago office.
To explore this topic and how it could influence your case, please contact Mike At +1 312.327.4417