Vident Partners provides vetted IP valuation and damages expert witnesses for cases involving reasonable royalty calculations, lost profits analysis, technology transfer valuation, and intellectual property damages quantification in patent, trademark, and trade secret litigation. Request a referral today.
Find a IP Valuation & Damages Expert →Overview
IP valuation and damages experts quantify the economic harm caused by intellectual property infringement and determine the fair market value of IP assets. In patent cases, damages under 35 U.S.C. § 284 must be adequate to compensate for the infringement and in no event less than a reasonable royalty, with courts permitted to treble damages for willful infringement 1. The benchmark framework for reasonable royalty analysis is the 15-factor test established in Georgia-Pacific Corp. v. U.S. Plywood Corp., 318 F. Supp. 1116 (S.D.N.Y. 1970), which guides experts through a hypothetical negotiation between a willing licensor and licensee at the time infringement began 2. Lost profits are evaluated under the four-factor Panduit test, requiring proof of market demand, absence of acceptable non-infringing substitutes, manufacturing capacity, and a calculable amount of lost profit 3. The AICPA's Statement on Standards for Valuation Services (VS Section 100) governs AICPA-member engagements to value intangible assets including intellectual property in litigation and transaction contexts 4. These experts combine economics and finance expertise with an understanding of how intellectual property creates value across patent, trademark, and trade secret matters.
Under 35 U.S.C. § 284, courts may award up to treble the assessed damages in patent cases involving willful infringement, making the damages expert's methodology central to case outcome.
Case Types
Reasonable royalty calculation using Georgia-Pacific factors
Lost profits analysis in patent and trade secret cases
Technology transfer and IP portfolio valuation
Trademark infringement damages and profit disgorgement
IP licensing rate benchmarking and comparability analysis
Qualifications
Related Specialties
FAQ
An IP valuation expert should hold an advanced degree in economics or finance, possess a professional valuation designation such as CFA or ASA, and demonstrate specific experience applying IP damages methodologies. Familiarity with reasonable royalty calculations, lost profits analysis, and comparable licensing databases is essential. The expert must be able to withstand Daubert challenges to their methodology.
IP damages experts are needed in patent infringement damages proceedings, trade secret misappropriation cases requiring unjust enrichment calculations, trademark infringement profit disgorgement, IP portfolio valuations for mergers and acquisitions, licensing rate negotiations requiring fair market value opinions, and any case where the economic value of intellectual property must be quantified.
In general, intellectual property expert fees are determined by the expert themselves, based on a variety of criteria. Among those criteria are professional experience, forensic experience, academic qualifications, technical expertise, and publications. Vident does have some influence over expert fees by comparing experts within a specialty, but ultimately it is a personal decision by the expert.
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Vident Partners connects attorneys with qualified ip valuation & damages expert witnesses. Complimentary consultation, 24-hour turnaround, no obligation.
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