Damages Assessment

Creative yet supportable damages analysis in intellectual property and complex commercial disputes.

Damages Assessment

Trial lawyers and their clients retain financial experts in dispute resolution because of their ability to skillfully communicate carefully reasoned analyses of the effects in the marketplace of a party’s alleged wrongful acts.  Our abilities in this regard are enhanced by our experience as business advisors addressing complex challenges faced by companies, universities, government research laboratories and other entities.  Triers of fact respond positively to real-world experience and often view it as an influential element in evaluating the credibility of a financial expert.

DBA has extensive experience in IP litigation and general commercial litigation…experience informed by the development of practical solutions to everyday business challenges.

Intellectual Property Litigation:

We have valued IP used in many technologies and industries, assisted in negotiating and drafting license agreements, followed developments in relevant case law, and analyzed damages issues including lost profits, price erosion, and reasonable royalty in patent infringement cases as well as other forms of recovery in other types of IP matters.  We have assisted our clients by:

    • Strategizing to develop the client’s IP strategy;
    • Valuing the IP rights the client needs from others, or alternatively, to value those they want to sell or license to others;
    • Assisting the client to develop licensing compliance programs;
    • Conducting licensing investigations, or royalty audits, to recover unpaid royalties;
    • Providing seasoned analysis and expert testimony in the context of dispute resolution in matters involving:

– Patent, trademark, trade dress, and copyright infringement
– Misappropriation of trade secrets
– Irreparable harm
– Antitrust counterclaims
– Attorney malpractice.

Daniel provided expert testimony in the Northern District of California on the appropriate measure of damages resulting from patent infringement on behalf of the plaintiff in the matter of Asyst Technologies, Inc. v. Jenoptik AG, et al.  The jury awarded Asyst $74.7 million, which, according to VerdictSearch, was the fourth largest IP litigation verdict of that year, and one of the Top 20 largest verdicts overall in the U.S.

For brief descriptions of representative assignments, please click here.

Commercial and General Litigation

We have evaluated claims for economic harm in many types of disputes, including:

  • Breach of contract
  • Business interruption
  • Forensic accounting
  • Franchise disputes
  • Fraud
  • Professional malpractice
  • Personal injury and wrongful death
  • Wrongful termination

For brief descriptions of representative assignments, please click here.