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Breach of Contract

Breach of Contract

IP owners often license their property—e.g., patents, trademarks, copyrights, trade dress, and trade secrets—to other entities. As with any contract, disputes often arise about whether one or the other party has lived up to the terms of those license agreements. NERA economists have been asked to assess damages flowing from those alleged breaches. Our analyses of damages in connection with breaches of contract may involve, for example, rescission, lost profits, price erosion, reputation or brand impairment, and unjust enrichment.