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Intellectual Property

Patent Misuse

Patent Misuse

A patent owner may be alleged to have wrongly used its patent rights in an attempt to injure competitors or to extend its patent protection beyond that patent's product, geographic, or temporal bounds. This alleged wrongful use may include, for example, attempts to monopolize a market, interference with another company's customer relationships, and/or attempts to extent its rights such that it is attempting to reduce rivals' abilities to sell other products. NERA economists have been asked to assess damages to the claimed injured party flowing from these types of conduct. We are frequently retained to assess both liability issues (e.g., market definition, market power, likelihood of anticompetitive effects) and damages in connection with patent misuse claims.

Name Title Location Phone Email
Dr. Lawrence Wu President San Francisco +1 415 291 1007 lawrence.wu@nera.com
Dr. Hiroaki Ishigaki Managing Director Tokyo +81 3 3500 3295 hiroaki.ishigaki@nera.com
Dr. Christine Siegwarth Meyer Managing Director
Chair of NERA's Intellectual Property Practice 		White Plains, NY +1 914 448 4119 christine.meyer@nera.com
Dr. Lauren Stiroh Managing Director
Chair of NERA's Global Antitrust and Competition Practice 		White Plains, NY +1 914 448 4143 lauren.stiroh@nera.com
Bryan Ray Associate Director White Plains, NY +1 914 448 4004 bryan.ray@nera.com
Dr. Stephanie Demperio Senior Consultant Washington, DC +1 202 466 9227 stephanie.demperio@nera.com
Title Type Author
Disputed Issues in Awarding Unjust Enrichment Damages in Trade Secret Cases Published Article NERA Managing Director Dr. Alan Cox and David S. Almeling, Walter Bratic, Monte Cooper, and P. Anthony Sammi
Unpacking the Economic Toolbox: How to Make Sense of Your Economic Expert’s Analysis Published Article By Sheng Li, Christine Meyer and Gabriella Monahova
The Limited Role of Analytical Approach to Reasonable Royalty Published Article Dr. Alan Cox
Standard Setting: Should There Be a Level Playing Field for All FRAND Commitments? Published Article By Dr. Nadia Soboleva and Dr. Lawrence Wu