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 […]
Infringement
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 […]
ITC to resume in person Section 337 Hearings in September
On September 29, 2022, the United States International Trade Commission (ITC) announced a return to in person hearings, including Section 337 Investigations. Section 337 investigations conducted by the ITC often involve claims regarding intellectual property rights including allegations of patent infringement, trademark infringement, and trade secret misappropriation against goods being imported into the United States. […]
Six Managing Directors Join Ocean Tomo IP Disputes Practice
In June, J.S. Held President and CEO Jon Held announced the formation of J.S. Held Intellectual Property (IP) practice, which is a combination of the professionals from Ocean Tomo and IPFC and reports up through the firm Financial Investigations Division. The IP Practice is a core component of J.S. Held overall technical, scientific, and financial […]
Ocean Tomo’s Robert McSorley named Co-Chair for the Illinois Intellectual Property Alliance
Ocean Tomo Managing Director Robert McSorley, JD, CPA has been named the co-chair for the Illinois Intellectual Property Alliance (ILIPA) membership committee. The ILIPA highlights key events of interest to Illinois creator, protectors, and enablers of intellectual property. It also supports programs that improve the education and awareness of intellectual property including the Chicago Science […]
Intellectual Property Issues in Breach of Contract Disputes
Intellectual Property (IP) is licensed and transferred in many ways. Because of the intangible nature of IP, drafting these licenses can be fraught with problems in defining the IP itself, the rights granted, and royalty triggers, to name a few. Similarly, different types of IP licenses require different protections, like quality control provisions for trademark […]
Insurance Company Failures: Hurricanes and Other Bad Actors
Ocean Tomo Managing Director Kevin Tullier and Manager Caroline McGrath explore Insurance Company Failures. Ocean Tomo’s bankruptcy professionals have assisted management, state insurance departments and their respective counsel as they worked through the complexities of a failed insurance company, including some of the largest insurance insolvencies in history. These matters often involve assertions regarding the […]
Why Patent Litigators are Central to a Wide Range of Commercial Disputes
Ocean Tomo Financial Experts Michelle J. Avery and Nicole McTernan joined Ocean Tomo Management Consulting group’s Drew Sills to author an article for IAM focused on “Why Patent Litigators are Central to a Wide Range of Commercial Disputes.” In their article, the team explores a “fundamental shift in commercial litigation, with IP strategy, policy and […]