The challenge of estimating damages in IP cases
Abstract: In an intellectual property (IP) case, it’s important to have a qualified valuator. Why? Because in some IP litigation, it may be possible to recover certain damages that are based on profits the defendant enjoyed as a result of its infringement. This article looks at the theory behind damages, how valuators might attempt to apportion sales among infringing and noninfringing activities, and the ways that a court might determine lost profits.