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 licensing principles, and the interplay between IP and antitrust issues.
The IP expert can provide context for competition by analyzing the patent and licensing landscapes to assess the significance of IP owned by the parties to the competitive environment, identifying other patent owners in the industry and the relative strength of IP portfolios, evaluating the availability of alternative technologies, and opining on competitive royalty rates and other licensing terms typical in the industry. Such analyses may assist in the assessment of the appropriate balancing of antitrust and IP rights or in establishing the fact of damages and the amount of damages.
Alexander Clemons is a Managing Director in Ocean Tomo’s Intellectual Property Disputes Financial Expert Testimony practice, out of the firm’s Chicago headquarters. The practice area quantifies economic damages arising from intellectual property disputes and provides general litigation support.
To explore this topic and how it could influence your case, please contact: Alexander L. Clemons, JD, MBA at email@example.com or +1 (312) 327-4413.