Ellin and Tucker, Chartered - Certified Accountants and Business Consultants

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Intellectual Property Rights Services

INTELLECTUAL PROPERTY SERVICES

In a knowledge driven economy, intellectual property has become a key strategic asset and a major source of competitive advantage.  The need for companies to derive value from and defend their intellectual property rights has never been greater and is a key component of a successful business strategy.  E&T professionals bring a unique perspective combined with solid expertise in finance, accounting, and statistics to assist clients and counsel in dealing with a wide range of intellectual property issues.  Our services focus on intellectual property valuation and litigation related to patents, trademarks, trade secrets, and copyrights.

Valuation

Accurate and defensible intellectual property valuations have become more important with new financial reporting requirements, changes in tax laws, and increased litigation activities.  E&T is able to leverage its substantial valuation practice to determine the value of intellectual property assets for the benefit of our clients and their counsel.

E&T’s consulting professionals have extensive experience in the valuation of intellectual property assets in a variety of contexts, including:

  • Accounting requirements

SFAS 141 – Business Combinations
SFAS 142 – Goodwill and Other Intangible Assets

  • Transaction support
  • Estate and gift taxes
  • Transfer pricing
  • Financing
  • Charitable donations
  • Licensing
  • Infringement damages
  • Bankruptcy
  • Tax disputes
  • Recapitalizations and restructuring

Our valuations are supported by extensive research, depositions, interrogatories, interviews, appropriate documentation, and trial exhibits.

Litigation

E&T has developed an expertise in calculating irreparable harm and economic damages arising from intellectual property disputes.  We rely on our extensive experience in commercial litigation in a wide range of industries, a thorough understanding of the relevant developments in intellectual property case law, as well as valuation, tax, accounting and transactional experience for the benefit of our clients.  Our professionals evaluate and determine irreparable harm for preliminary injunction hearings and damages for trial based on detailed economic analysis, applicable case law, and current market data.

E&T’s professionals have worked on a variety of intellectual property matters, serving as consultants, as well as experts, on a variety of engagements including:

  • Patent infringement
  • Trademark infringement
  • Trade secret misappropriation
  • Copyright infringement
  • Trade dress

As part of our intellectual property damage assignments, E&T’s professionals and consultants are routinely called upon to analyze and provide expert testimony before judges and juries on a number of issues, including the following:

  • Lost profits including analysis of historical unit sales, selling prices, and profitability
  • Determination of reasonable royalty rate
  • Analysis and determination of market share
  • Industry structure and competition
  • Comparable transactions
  • Manufacturing, financial, and marketing capacity
  • Statutory damages
  • Irreparable harm
  • Unjust enrichment
  • Loss in value

Please contact us for additional information regarding these services and the cases we have handled.

 

 

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