LOP-04
IP Infringement Lost Profits Expert Witness
Expert analysis of lost profits arising from intellectual property infringement — patent infringement lost profits, trademark infringement lost revenue, copyright infringement lost licensing income, and trade secret misappropriation. Reasonable royalty analysis and actual lost profits compared.
What This Covers
Scope of Analysis
- Actual lost profits from IP infringement
- Reasonable royalty rate determination
- Price erosion and market dilution analysis
- Lost licensing income quantification
- Trade secret misappropriation damages
When You Need This
Typical Instructions
- Patent infringement commercial damages
- Trademark and brand dilution claims
- Copyright licensing disputes
- Trade secret and confidential information claims
For the analytical frame behind royalty versus actual lost profits, see our reasonable royalty methodology guide on the expertise page.
Our ApproachReport Standards CPR Part 35 · FRE Rule 702 / Daubert · IBA Rules Engagement Type Single party · SJE · Tribunal-appointed · Advisory Forums High Court · Commercial Court · ICC · LCIA · SIAC · ICSID · US Federal
Methodology & Delivery
“We compare actual lost profits against a reasonable royalty baseline, using market licensing data, the claimant's pricing history, and the economic contribution of the infringed IP to the product or service.”
Related Services
Common Questions
- How are lost profits calculated in a patent infringement case?
- In patent infringement cases, lost profits are calculated by asking what the patent holder would have earned but for the infringement. This typically requires establishing: (1) demand for the patented product; (2) absence of acceptable non-infringing alternatives; (3) the claimant's capacity to exploit that demand; and (4) the profit that would have been made. Where actual lost profits cannot be established, a reasonable royalty analysis provides an alternative measure.
- When is a reasonable royalty used instead of actual lost profits?
- A reasonable royalty is typically used where the patent holder cannot establish one or more of the Panduit factors for actual lost profits — for example where capacity, demand, or non-infringing alternatives cannot be proven — or where the parties agree that a royalty measure better reflects the economic contribution of the infringed IP. Experts often present both measures for comparison.
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