We are known for our “teaching” – as opposed to “telling” – approach of testimony. Rather than only providing a judge or jury with an opinion, we communicate the key facts and relevant theories in a clear and logical manner. Our client list is evenly balanced between plaintiffs and defendants.
Our Financial Testimony professionals have industry-leading experience across all types of disputes and are particularly skilled in the determination of damages in matters involving intellectual property (IP). Our testifying experts have decades of litigation analysis experience, benefitting clients when they evaluate complex financial data, qualitative facts, supporting testimony, and damages-related case law. We have served as experts in U.S. District Courts, U.S. Bankruptcy Courts, U.S. Tax Court, U.S. Court of Federal Claims, state courts, the U.S. Patent and Trademark Office Patent Trial and Appeal Board, the International Trade Commission (ITC), international courts, and arbitration tribunals.
Our Testimony Experience
Our experts have provided testimony in deposition and at trial on the issue of intellectual property damages, as well as other economic and licensing topics related to IP.
Financial Damages Testimony
Our experts have testified regarding virtually all damage elements, including, among others:
- Lost Profits
- Reasonable Royalties
- Unjust Enrichment
- Convoyed Sales
- Incremental Costs and Profits
- Price Erosion and Elasticity
- “But-For” Causation and Market Analysis
- Commercial Success
- Future Damages
- Accelerated Market Entry
- Corrective Advertising
- Creditor Allocations
International Trade Commission Testimony
Our experts have provided testimony in Section 337 investigations relating to:
- Domestic Industry
- Commercial Success
- Public Interest
Antitrust Litigation Testimony
Ocean Tomo is uniquely qualified to support the assessment of interplay between antitrust and IP rights. The firm’s experience across all facets of the IP market enables a unique perspective on the role of IP in antitrust contexts.
Bankruptcy & Insolvency Litigation Testimony
Our experts have provided valuation testimony in bankruptcy and insolvency proceedings related to:
- Valuation Methodologies
- Valuation in support of a Allocation of sales proceeds
Meet Our Financial Testimony Professionals
Expert Testimony Featured Engagements
For expertise specific to accounting, financial reporting, and internal controls, Ocean Tomo has no peer. Our services are built upon more than three decades of experience in the most rigorous venues – state, federal, and international courts – and spans more than 150 different industry segments. Because our past success provides the best indication of our capabilities, we are proud to feature a few representative engagements and encourage potential clients to seek references from both past clients and opposing counsel.