Irreparable Harm
NERA economists help to determine whether an IP owner may suffer "irreparable harm" caused by the sales of an infringing product. NERA has evaluated the extent to which a patent owner's damages can be calculated (to a reasonable degree of certainty) between the time of the case filing and trial. To the extent that such damages cannot be entirely or reasonably quantified, or would likely be considered speculative by the trial court, the patent owner may be able to make a legal showing of irreparable harm and, in so doing, obtain an injunction.



