Economic Damages & Valuations

Intellectual Property

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Ocean Tomo, a part of J.S. Held, provides a unique understanding of how intellectual property (IP) contributes to all aspects of a business.

Visit Ocean Tomo for more information about J.S. Held's intellectual property services.

Understanding the value of IP enables decision makers to effectively focus capital budgeting efforts such as research and development, plan and negotiate transactions, create litigation strategies, and address financial and tax reporting requirements.

Our team performs intellectual property valuations both within and outside the context of litigation. We focus on evaluating the full scope of the economic, business, and market impacts affected by the use of an IP asset. The breadth of our experience has grown along with the importance of intellectual property, as reflected by the significant number of cases our experts have testified in and the scope of the issues they have addressed.

Our Subject Matter Experts
  • Accredited Business Valuation Experts
  • Certified Financial Forensics Experts
  • Certified Licensing Professionals
  • Certified Public Accountants
  • Economists
  • Forensic Accountants
  • Intellectual Property Valuation Experts
  • Testifying Experts
Our Clients
  • Artists
  • Bankruptcy & Restructuring Attorneys
  • Boards of Directors
  • Commercial Dispute Litigators
  • C Suite Executives (CEO, CIPO, CTO)
  • Designers
  • Fortune 1000 Companies
  • General Counsel
  • Governments
  • Inventors
  • IP Litigators
  • Laboratories
  • Licensing Managers
  • Small & Middle Market Companies
  • Public Companies
  • Start-Ups
  • University Technology Managers
  • Venture Capitalists
Intellectual Property Disputes

IP disputes frequently extend beyond a given product to impact the entire business of the IP owner, alleged infringer, or both. These complexities require experts who fully understand the economic, business, and financial impact of a given action. Our experts have significant experience evaluating, measuring, and quantifying the effects of IP infringement in connection with determining the proper measurement of damages. Our experts provide comprehensive and well supported reports, and give clear and persuasive testimony to thoroughly defend our assumptions, methodologies, and conclusions.

Intellectual Property Valuation

Our clients retain us to help them understand the value intellectual property contributes to all aspects of their business. Understanding the value of IP enables decision makers to effectively focus capital budgeting efforts such as research and development, plan and negotiate transactions, create litigation strategies, and address financial and tax reporting requirements.

Our professionals are recognized experts in patent, intellectual property, and intangible asset valuation, having performed numerous critical IP appraisals for Fortune 500 companies, mid-sized businesses, and inventors, across a variety of industries.

Our team has vast experience in valuation of IP assets, including:

  • Brand Names, Trade Names, Trademarks & Copyrights
  • Business Enterprises
  • Computer Software
  • Fixed Assets – Personal Property, Equipment, Real Estate
  • In-Process Research & Development (IPR&D)
  • Interest-Bearing Debt
  • Invested Capital
  • Majority & Minority Equity Ownership Programs
  • Minority Ownership Investments Booked Under the “Equity Method”
  • Patents
  • Personal Goodwill
  • Sports / Entertainment Related Intangibles
  • Trade Secrets & Proprietary “Know How”
IP Valuation by Business Need

Our experienced team performs valuations For:

  • Bankruptcy Support
  • Fairness & Solvency Opinions
  • Financial Reporting
  • Financial Restructurings
  • Financing
  • IP Transaction / Licensing Support
  • Mergers & Acquisition
  • Pre-Litigation Strategy
  • Sale Targeting & Pricing
  • Tax Reporting
  • Transfer Pricing
  • Venture Capital Investment
IP Valuation by Asset Class

Intellectual Property & Identifiable Intangible Assets

  • Brands
  • Copyrights
  • In-Process Research & Development (IPR&D)
  • Patents
  • Personal Goodwill
  • Sports / Entertainment Related Intangibles
  • Trade Names & Trademarks
  • Trade Secrets, Proprietary “Know How”, Formulas & Recipes


Fixed Assets

Through a collaboration with our strategic partners, the valuation of all types of tangible personal property / equipment and real estate.

Invested Capital

  • Business Enterprises
  • Interest-Bearing Debt
  • Majority & Minority Equity Ownership Positions
  • Minority Ownership Investments Booked Under the “Equity Method”
Determination of Intellectual Property Damages

Our financial expert professionals have industry-leading experience across a wide variety of IP disputes and are particularly skilled in assessing economic damages. Our experts offer extensive experience in considering the complex financial data, qualitative facts, supporting testimony, and case law that are pertinent the determination of damages. Our experts have testified regarding virtually all damage elements, including, among others:

  • Accelerated Market Entry
  • “But-For” Causation and Market Analysis
  • Commercial Success
  • Convoyed Sales
  • Corrective Advertising
  • Creditor Allocations
  • Future Damages
  • Incremental Costs and Profits
  • Lost Profits
  • Price Erosion and Elasticity
  • Reasonable Royalties
  • Unjust Enrichment
Other IP & Licensing Issues

Our experts also have significant experience addressing non-damages related issues relating to IP finance, economics, and licensing, including, among others:

  • Bond
  • Commercial Success
  • Domestic Industry
  • IP License Interpretation
  • IP Licensing Custom & Practice
  • Irreparable Harm
  • Public Interest
  • Remedy
  • Royalty Compliance
Related Insights

Our insights cover a variety of topics impacting businesses, society, the economy, and the environment. Check out our latest white papers, research reports, educational seminars, industry speaking engagements, and perspective articles.

 
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