At its core, lost profit damages are an evaluation of the additional profit the plaintiff would have made had the defendant not committed the alleged wrongful act. Lost profit damages can take many forms including lost profits related to lost sales, price erosion, increased expenses, or injury to a company’s goodwill/reputation. Lost profit damages may […]
Damages
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 […]
Role of Patent Expert in Antitrust Litigation
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 Transaction Ecosystem – Update on Market Activity
Ocean Tomo Chief Executive James E. Malackowski will join the Greater Washington DC Chapter of the Licensing Executives Society (LES USA/Canada) for their monthly meeting and webinar on Thursday, September 9, 2021, from noon to 1:00 pm EST. The event is free to LES members. Non-members can contact info@les.org for registration details. Jim’s presentation will […]
Ocean Tomo Serves as Economic Expert in Nation’s Two Largest Patent Damage Awards
Ocean Tomo CEO, James E. Malackowski served as economic expert in Centripetal $2.6 Billion to $3.2 Billion network security patent infringement award eclipsing previous record of Idenix $2.54 Billion verdict where Ocean Tomo co-founder Andrew W. Carter served as patent damages expert. On Monday the Honorable Henry Coke Morgan, Jr. Senior United States District Judge […]
Supreme Court Decision in Romag Fasterners Inc. v. Fossil Inc. et al.
Thursday’s Supreme Court decision in Romag Fasterners Inc. v. Fossil Inc. et al. that willfulness should not be an “inflexible precondition” for disgorgement of defendant’s profits in trademark cases has now become one of the relatively few cases from the highest Court that speaks to monetary awards in such cases. What will – or should – […]
Expert Testimony Insights on Trade Secrets
The Defend Trade Secrets Act (DTSA) granted parties the right to pursue trade secret claims and damages in federal courts as opposed to only state courts. Damages available to a plaintiff under federal law are similar to damages under state law and damages awards may be just as substantial. In a Texas District Court decision […]
Shirley Webster to speak at the Damages and Injunctions Committee on Patent Damages Summit
Shirley Webster, Expert Testimony Managing Director from Ocean Tomo’s Houston office will be speaking at the Damages and Injunctions Committee on Patent Damages Summit hosted by the Intellectual Property Owners Association. The Summit will take place on Tuesday, May 24, 2016 at the Sheraton Hotel in Palo Alto, CA. The patent damages summit will open […]