Intellectual Property and Technology

F&M provides detailed analysis of complex intellectual property matters - from liability and causation issued to the determination of damages and prejudgment interest. F&M capabilities span a wide range of intellectual property issues with significant experience in:

  • Patent infringement — including lost profits, reasonable royalty, Georgia-Pacific analysis, price erosion, design-around feasibility, accelerated market entry, patent pooling and royalty stacking.
  • Trademark and Copyright infringement — including unjust enrichment, profit apportionment attributable to the infringement and corrective advertising.
  • Trade Secret Misappropriation - including causation analysis, head-start damages, price erosion, unjust enrichment, lost profits and reasonable royalty.

F&M has distinguished its intellectual property practice by combining the expertise of top economic, business and accounting professionals with a wide breadth of industry experience.

F&M Capabilities

  • PhDs in economics and experienced Big Four CPAs
  • Experienced expert witnesses
  • Experienced in analyzing entrepreneurial, new business and new product ventures
  • Experienced in high technology industries: computer hardware and software, media, entertainment, instrumentation, health care and biotechnology
  • Evaluation of the effects of competition and pricing

F&M Case Histories

  • F&M facilitated a settlement at a reasonable royalty with no lost profits in a patent infringement matter involving medical products by attributing the plaintiff's declining market share to obsolete products and production problems rather than to alleged product infringement.
  • F&M testified at trial regarding lack of evidence of price erosion or product confusion in defense of a trademark infringement damages claim, which resulted in a jury finding of no damages.
  • F&M, in a trade secrets matter, determined defendant's actions caused the diversion of plaintiff's sales, rather than misappropriation; F&M determined not only profit losses but also additional marketing costs necessary to restore the plaintiff to its competitive position.
  • F&M, in a patent infringement matter, prepared pricing and customer base analyses for a commercial electronics product concluding that plaintiff's sales would have been limited in the defendant's market, resulting in a $25 million reduction in the claim for damages.
  • F&M, on behalf of the world's largest biotechnology company, determined the reasonable royalty for licensing a patent claimed to read on the company's patents for a key product. The analysis included an assessment of key factors creating risk in the licensing negotiation along with a presentation of alternative non infringing processes and the resulting impact of royalty stacking on the costs of acquired technology.
  • F&M testified to unjust enrichment resulting from the theft of a thin film technology used to produce resonators in cell phones. Using return on invested capital analysis, the value of an exclusive arrangement with the supplier of the misappropriated technology was determined.
  • F&M testified in defense of patent infringement damages claims for a food processing device and testified to the antitrust issues arising from a Walker Process claim of fraud on the USPTO. The relevant market was defined and the defendant's ability to exclude market entry was determined.
  • F&M testified on behalf of a food distributor on the extent of lost profits resulting from the misappropriation of customer profiles and product specifications. Market structure and competitive pricing were analyzed; and, incremental costs attributable to the affected sales were calculated to determine incremental lost profits.