Philip Saunders Associates (PSA) estimates economic damages in intellectual property litigation, including patent, trademark, trade dress, and copyright infringement litigation and theft of trade secret cases. Damages may be lost profits, revenues, or royalties.
- For manufacturer of laboratory instruments and consumables charged with patent infringement, PSA analyzed market and sales of plaintiff and defendant. Assignment involved detailed analysis and comparison of both companies' sales data bases. PSA demonstrated that plaintiff's claims were unsupported by its own data, market had multiple suppliers, lost profits claims were not properly quantified, and price erosion was not due to defendant's allegedly infringing products. Court denied plaintiff's claim for lost profits.
- For national specialty retail chain suing competitor for theft of trade secrets, PSA reviewed competitor's business plans and strategy, assessed market size and stratification, analyzed history of market penetration, and projected future market shares of plaintiff and defendant. Based on market share projections and plaintiff's P&L business model, PSA estimated present value of lost profits of $3,300,000.
For manufacturer of smart phone app being sued by competitor for patent, trademark, and trade dress infringement as well as unfair trade practices, PSA reviewed history of companies, analyzed markets, identified competition, and reviewed lengthy expert report by international forensic economics firm, which called for an injunction and $7 million of damages. PSA showed no damage had occurred and defended opinion in seven hour deposition. Following deposition, case settled with client defendant paying nothing.