In the world of intellectual property (IP) litigation, there is always something enormously at stake and lawsuits can be millions (or even billions) of dollars in value. Patents, trademarks, copyrights, trade secrets or claims for unfair competition – the basis of any litigation are financial losses. It’s where the expertise of a forensic accountant comes in.
Engel & Engel is one of the leading forensic accounting firms in California that has had successful experience assisting lawyers in the financial aspect of IP litigation. They’ve had years of experience not only forensic investigation but expert testimony that follows the financial rules the courts enforce. These services make sure plaintiffs and defendants have sound, defensible arguments for their assertions or denials.
The Legal Heart of IP Claims
IP cases are essentially about establishing or arguing for damages caused by infringement or theft. The estimation of such damages takes calculation, careful calculation, and an in-depth knowledge of economic and legal theories. Forensic accountants help quantify losses for:
• Deprivation of Profits: Calculating what the plaintiff would have gotten if it didn’t violate.
• Market Share Analysis: Finding out what the infringement did to the plaintiff’s position in the market.
• Fair Royalty: Estimating how much the licensing fee would be if you were found to have violated.
• Corrective Advertising: Estimating the expenses associated with reversing damage to a brand or reputation.
Engel & Engel applies the most experience to these calculations, using decades of experience and the most modern techniques for proven, court-verified outcomes.
Expertise That Withstands Legal Scrutiny
Engel & Engel’s experience speaks for itself: from an $2.3 billion jury verdict on a trade secret stealing case to cases involving some of the largest trials in history. Their lawyers work with their experts to craft damage reports based not just on sound economic logic but also one that stands up to the rigorous tests of the opposing attorney and the court.
From the Panduit test (a methodology to show lost profits in patent litigation) to substitute products and mitigation, Engel & Engel’s methodologies are all inclusive and consistent with current law.
Using Data as Persuasion: Expert Witness Testimony from Leading Organizations
It’s important in a trial of a high value to be able to render complicated financial facts legible. Engel & Engel forensic accountants are great expert witnesses because they are able to present what they find in a manner that is easily understood by judges and juries. This is how you break down complex financial concepts into easily digestible, arguing points that are frequently the difference between a win and a lose in court.
Contributions to IP Scholarship
Beyond litigation experience, Engel & Engel also have a track record of academic intellectual property research through two Lanham Act research publications: Trademark Infringement Damages and Patent Infringement Damages. Such publications are evidence of the firm’s extensive knowledge of IP law and how it affects businesses, and only strengthen their position as leaders.
Partnering for Success
For IP litigators with financial quandaries, Engel & Engel can provide all the answers they need in terms of infringement analysis. From market share and mitigation calculations, to fair royalty and corrective advertising estimates, they have you covered. When attorneys have Engel & Engel at their side, they know they can get out of the financial nuthouse of IP conflicts and make strong representations for their clients.
In an industry where every penny matters and everyone is on the line, a forensic accountant isn’t just handy but necessary. Engel & Engel’s track record and quality control make them a gold mine for lawyers and their clients in intellectual property litigation.