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Case study: Two ways to valuate intellectual property damages

Friday, February 09, 2018 @ 8:41 AM | By Dawson Coneybeare and Peter Neelands

Intellectual property litigation can arise when the intellectual property (IP) is allegedly infringed upon. This litigation can involve complex valuations due to the difficulty of estimating the profit that would have been earned.

The following is a fictional case study of an infringed patent. The study illustrates two options for plaintiffs, profit loss and accounting of profits, and the implications thereof, as seen by the authors in various past cases.

Chemical engineer and avid cross-country skier, Petra, has always been interested in combining her two greatest...