Gleason IP assists attorneys and their clients in all phases of the litigation process - from pre-litigation planning and early damages assessment to assistance with the discovery process to expert witness testimony at trial. We offer the highest level of professional service in an efficient, cost-effective manner.
Patent Infringement Disputes
- Quantify damages resulting from the alleged infringement by conducting research and analysis to understand the IP at issue, the market for the commercialized product, and its value.
- Evaluate "Panduit" and "Georgia Pacific" factors in assessing lost profits and reasonable royalties in patent infringement matters.
- Apply technical financial and economic models to licensing negotiations with a backdrop of our relevant experiences and our professional licensing credentials.
- Offer patent infringement dispute experience in a variety of industries: life sciences, technology, software, and manufacturing.
Trademark, Copyright, Trade Secrets, and other Intellectual Property
- Trademark, trade dress, and copyright infringement matters: After thorough research and analysis, prepare damages assessments based on market knowledge and industry factors.
- Trade secrets thefts: Knowledge of intellectual property across numerous industries and technologies to analyze available damages, including lost profits, disgorgement, and other financial damages measures.
- False advertising claims: Experienced in Lanham Act matters, financial analyses involve a variety of disputes.
Breach of Contract
- Analyze and quantify lost profits, unjust enrichment, and other damages resulting from breach of contract claims related to intellectual property.
- Research disputed terms of licensing agreements, royalty calculations, or other general contract disputes.
Commercial Success
- Perform analyses of secondary considerations of nonobviousness, including examination of the commercialized product's sales and profitability to determine commercial success status.
- Analyze factors to determine whether a nexus exists between a product's sales and claims of the patent at issue.
Preliminary Injunction Hearings
- Analyze whether potential damages can be quantified and claims of irreparable harm in connection with preliminary injunction hearings.
- Provide testimony at preliminary injunction hearings in support of our analyses related to the quantification of damages or irreparable harm.
- Analyze issues involving commercial success.
Pre-Litigation Services
- Help counsel and their clients evaluate potential financial recovery should litigation be pursued.
- Evaluate financial damages exposure if a product is launched that may infringe the intellectual property of another entity.
- Perform analysis and quantification of potential damages to be sought or potential damages exposure before or during litigation.
- Conduct assignments confidentially and on a consulting basis so that counsel and its clients are informed throughout the process, including pre-litigation, mediation and settlement discussions.
Assistance During Litigation
- Provide assistance to counsel by helping to craft effective document production requests and interrogatories during the discovery phase of litigation and by creating effective deposition questions.
- Assist counsel in fact and expert witness deposition preparation.
- Perform financial and economic analysis during mediation and settlement discussions to help clients resolve financial disputes.
- Define options related to the magnitude of potential damages and conduct risk/reward analyses to evaluate settlements or continuing to trial.
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