NERA’s experts are leaders in the economics of intellectual property, applying rigorous analysis to a wide variety of disputes and advisory work involving patents, trade secrets, trademarks, copyrights, and other IP in a broad range of industries. Our experts present their analyses in clear, understandable terms that resonate in the courtroom, in mediation, in arbitration, and in licensing and settlement negotiations.
Antitrust and Intellectual Property
Our experts regularly work on issues at the intersection of antitrust and IP law, analyzing questions of market definition, competitive injury, and damages in related matters. We analyze a wide range of industries and have presented economic analyses in legal and regulatory proceedings involving antitrust counterclaims, as well as antitrust issues relating to standard setting, licensing, and issues surrounding the value of IP acquired in mergers.
Our experts conduct and opine on survey evidence in trademark disputes including trademark confusion, trade dress confusion, secondary meaning, genericness, dilution, and false advertising. We are frequently retained to assess damages in trademark or trade dress infringement matters. In these types of cases, we may calculate the plaintiff's actual loss and/or the defendant's unjust enrichment from the alleged infringement.
Our IP team has extensive expertise in determining all forms of monetary remedies available in trade secret disputes, as well as whether an injunction is necessary to prevent irreparable harm to a party. Tailoring our approach to the market involved, we regularly calculate damages based on lost profits, unjust enrichment, and reasonable royalties.
We have industry-leading expertise in providing economic analysis in patent-related matters. Our experts regularly assess damages caused by claimed infringement and claimed patent misuse. We assess and testify to a wide range of issues including lost profits from lost sales, price erosion, reasonable royalties, irreparable harm, and commercial success.
We specialize in providing defensible, accurate valuation of IP assets through a comprehensive consideration of the market and extensive IP-specific background knowledge. Our experts apply rigorous economic analysis to issues including the potential financial exposure from alleged infringement, the internal transfer price of IP assets in multinational corporations, IP valuation in connection to licensing or sale, and the valuation of intangible assets. We provide guidance about IP asset value before and after transactions have been completed.
Survey Research, Design, and Analysis
Our survey experts apply rigorous methods to address infringement, estimate damages, and provide our clients with valuations of their IP. We also assist counsel by reviewing opponents' surveys and identifying their weaknesses and methodological flaws. Our survey work spans all major types of IP in a variety of products, services, industries. Read more about our survey capabilities here.