IP litigation – Making the case for (or against) disgorgement of profits

Description

Abstract: In certain types of intellectual property cases, plaintiffs are entitled to recover — or disgorge — the profits the defendant reaped as a result of the infringement. But determining the proper amount for those profits can prove tricky, especially when it comes to allocating expenses and revenues. This article argues that a financial expert witness must be able to speak authoritatively to both claimed gross revenues and claimed costs and apportionment.