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Intellectual Property

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Intellectual Property

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Jim McGovern

 

 

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Intellectual Property Consulting

A recent study indicates that 85% of the value of corporations today comes from intellectual property. Further, companies that have a higher composition of intellectual assets are typically regarded as industry leaders. Those with a lower percentage are often viewed as underperformers, both from a financial as well as strategic viewpoint. McGovern & Greene LLP helps companies generate greater shareholder value through the maximization and protection of intellectual property.

Litigation

McGovern & Greene LLP provides expert analysis, support and testimony in litigation and regulatory proceedings by preparing estimates of lost profit, reasonable royalty, unjust enrichment and prejudgment interest. Our personnel take the raw data and information, subject it to comprehensive empirical analysis, and present their impartial, independent findings clearly and concisely to clients, courts and regulatory bodies. McGovern & Greene LLP estimates how actions or events can change the value of an asset or affect the company's revenues, costs and profits. As part of the litigation, our work involves discovery stage consulting, reasonable royalty analysis, lost profits calculations, critique of opposing experts' testimony and reports and pre-litigation risk analysis. In addition, McGovern & Greene LLP can employ sophisticated valuation techniques in high stakes litigation and for a variety of industries.

Royalty Audits and Review Recovery

Maximizing the potential realized value of IP through better management of existing licensing and other contractual agreements equates to incremental revenues, added shareholder value and facilitated relationships between businesses partners. McGovern & Greene LLP assists companies in maximizing the value of their IP, enhancing revenue streams, creating and implementing settlement strategies as to underreported amounts, and providing due diligence of royalties. Our teams have identified significant levels of underreported royalties as well as identified internal control improvements to help insure more accurate reporting in the future.

Valuation

Understanding the value of IP is critical to maximizing return on investment and managing risk. Whether considering a purchase or sale of IP, negotiating licensing agreements, pricing contract work or conducting estate planning, McGovern & Greene LLP's certified valuation analysts can help clients properly value
their IP.

Fraud Investigations

Services provided by our team of Certified Fraud Examiners and CPAs include investigating infringement of patents and copyrights, product piracy, and counterfeiting, as well as quantification and enforcement of licenses and royalties payments. We offer innovative expert advice and analysis regarding damages and settlements, redesign business practices to prevent further acts of crime, and provide internal control improvements. Often, we are asked to offer early case assessment and strategic alternatives and develop methods to anticipate and avoid potential problems and risks.

Cases

McGovern & Greene LLP professionals have significant experience providing litigation support and expert witness services in a variety of IP matters. A representative listing of matters worked on follows:

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Patent Cases

Plaintiff patent infringement.

Case involved suit over alleged infringement of patent rights pertaining to a method and apparatus for storing and handling waste water slurries. Engaged by plaintiff to evaluate and opine upon the economic damages incurred by plaintiff as a result of defendant's alleged infringement. Economic damages evaluated included profits lost on infringing sales made by defendant, profits lost due to price erosion, profits lost on replacement parts sales, and specific costs incurred as a result of defendant's alleged infringement. As an alternative measure of damages, a reasonable royalty for use of the patent was also computed. Plaintiff received a jury award of 2/3rds of the lost profits identified or nearly 100% of the reasonable royalty calculation.

Plaintiff patent infringement.

Case involved suit over alleged infringement of four (4) patents pertaining to virtual microscopy. Engaged by plaintiff to evaluate and opine upon the economic damages incurred as a result of defendant's alleged infringement. Economic damages included profits lost on infringing sales, profits lost due to price erosion, profits lost on maintenance and lease agreements, and specific costs incurred as a result of the alleged infringement. As an alternative measure of damages, a reasonable royalty for use of the patents was calculated. Case settled.

Plaintiff patent infringement.

Case involved suit over alleged infringement of a patent pertaining to Industrial Equipment Monitoring software. Economic damages evaluated included profits lost on infringing sales, profits lost due to price erosion, profits lost on maintenance and lease agreements, and specific costs incurred as a result of the alleged infringement. As an alternative measure of damages, a reasonable royalty for use of the patents was calculated. Case settled.

Plaintiff patent infringement.

Case involved suit over alleged infringement of patent rights pertaining to software. Engaged by plaintiff to assist with the review of financial information and with the identification and calculation of damages. Assisted with discovery, interrogatories, and depositions pertaining to financial information. Also reviewed public filings, audited financial statements and internal management reports and identified primary sources of revenue and costs allocable to specific products. Case settled.

Plaintiff patent infringement.

Case involved suit over alleged infringement by a major sporting goods and sportswear manufacturer of a process for manufacturing foam padding to be incorporated in specialty protective sportswear. Engaged by plaintiff to evaluate and opine upon the economic damages incurred as a result of defendant's alleged infringement. Economic damages included profits lost on infringing sales. As an alternative measure of damages, a reasonable royalty for use of the patents was calculated. Case pending.

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Trademark Cases

Plaintiff Trademark infringement.

Case involved suit over alleged infringement of registered trademarks and associated trade dress pertaining to automotive measuring instruments. Engaged by plaintiff to evaluate and opine upon economic damages in the form of lost profits due to lost sales, lost profits due to price erosion, and the cost of corrective actions. Case settled.

Plaintiff Trademark infringement.

Case involved suit over alleged infringement of Trade Dress of metal and woodworking machines. Engaged by plaintiff to evaluate and opine upon (1) revenues and profits earned by the defendant from the sales of allegedly infringing products, (2) economic damages, in the form of incremental profits, as a result of plaintiff's alleged infringement, (3) economic damages, in the form of a damage to the reputation, as a result of plaintiff's alleged infringement. Also, opined upon and provided a rebuttal to the defendant's expert witness report on alleged economic damages suffered by the defendant as result of plaintiff's and government agency's actions. Case settled.

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Copyright Cases

Defendant/Counter Plaintiff Copyright infringement.

Case involved suit and countersuit over infringement of copyrighted drawings of a bird cage. Plaintiffs sued the copyright owner for alleged interference with business relations and false enforcement of copyrights. Copyright owner countersued for infringement damages. Engaged to analyze and opine upon (1) the gross sales revenues gained by plaintiff and an individual, attributable to the sale of products allegedly infringing upon defendant's copyrighted works and (2) the costs and losses alleged to have been incurred by plaintiff as a result of defendant's alleged conduct. Case settled.

Defendant Copyright infringement.

Case involved suit over alleged infringement of copyrighted design of a lamp. Engaged by defendants to evaluate and opine upon the net profits earned by defendants from sales of infringing product. In calculating net profits, the revenues generated by the sales and the costs that should have been deducted from those revenues were identified. Costs that should have been deducted included expenses incurred that are directly attributable to production, distribution, performance, or display of the infringing work. In addition, indirect expenses that assist in the production, distribution, performance, or display of the infringing product, were also deducted. Indirect expenses that would have been incurred regardless of the sale of the infringing product were not deducted. Case settled.

Plaintiff Copyright infringement.

Case involved suit over alleged infringement of copyrighted original designs of certain home furnishings. Engaged by plaintiff to evaluate and opine upon the (1) gross revenues, (2) gross margins, and (3) net margins earned by the defendant from sales of the allegedly infringing products. In evaluating gross revenues, gross margins, and net margins, our professional also evaluated the selling prices and costs defendant reported as being attributable to the subject item numbers. The focus of the analysis in this case was the gross revenue generated by defendant from sales of the alleged infringing items and the costs that should have been deducted from those revenues. Case settled.

 

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