Intellectual Property
In intellectual property disputes, the indemnity owed usually depends on one of three possible measures: the loss suffered by the rights holder, the profit obtained by the infringer, or the royalty that would have been paid under a license.
Context of application
Each of these measures calls for different data, often held by the opposing party: product sales, margins, comparable license agreements and attributable costs. Technical analysis defines which data are needed and how they should be treated.
When this analysis is needed
- Actions for the improper use of a trademark, patent or industrial design.
- Disputes over royalties under license agreements.
- Determination of copyright and of amounts to be passed through to the rights holder.
- Liquidation of judgments in infringement actions.
Questions typically analyzed
- Quantification of losses and damages.
- Review of revenue, income and gains.
- Determination of royalties owed and royalties paid.
- Attributable costs and contribution margins.
- Analysis and review of expert reports.
How SGEx Approaches This
SGEx identifies which measure of indemnity is at issue, defines the data required, calculates amounts by period and by product, and documents the assumptions used to allocate costs.
SGEx does not provide legal advice. Its contribution is technical: organizing the economic, financial, accounting and asset-related facts so that lawyers, companies and parties can understand the substantive dimension of the controversy.
Possible Work and Deliverables
The format is defined according to the case, the proceeding and the purpose of the work.
- Quantification expert opinion
- Royalty calculation
- Expert report
- Expert questions
- Review of the opposing party's calculations
Other SGEx Solutions
Services, specialties, contexts and industries connected to this topic under SGEx's relationship matrix.
Related Services
- Economic and Financial Expert AnalysisAnalysis of values, cash flows, economic assumptions and financial models in disputes and decisions that turn on quantification.
- Disputes, Litigation and ControversiesEconomic, financial and accounting expert support in judicial, arbitral, administrative and pre-litigation controversies.
- ArbitrationTechnical analysis, quantification and expert assistance in arbitral proceedings involving economic, financial and accounting issues.
- Accounting Expert ExaminationIndependent expert examination of accounting records, financial statements and calculations, prepared for judicial, arbitral and administrative proceedings.
Related Specialties
- Damages, Losses and Economic QuantificationLost profits, actual damages, lost revenue, indemnities and the liquidation of court judgments.
- Expert Assistance to PartiesExpert assistance to parties in court-appointed expert examinations and arbitrations: framing expert questions, opinions, review of reports and attendance at proceedings.
Related Areas of Practice
- Corporate and Shareholder DisputesDisputes among shareholders, partners and officers, corporate dissolutions, buyout claims and disagreements over financial results.
- Civil and Contract DisputesNonperformance, termination, contract revision and civil liability claims in which the controversy turns on monetary values and calculations.
- Wealth, Family and Succession MattersDivorce settlements, probate proceedings and marital disputes that call for the determination, valuation and tracing of assets.
Related Industries
- Construction, Engineering and InfrastructureConstruction works, engineering projects and infrastructure assets subject to cost, schedule and rebalancing claims.
- Insurance and ReinsuranceClaims, loss adjustment, reinsurance treaties and disputes among insurers, policyholders and reinsurers.
- Financial and Capital MarketsFinancial institutions, investment funds, investors and publicly listed companies involved in disputes, valuations and financial reviews.
- Technology and CommunicationsTechnology, telecommunications and digital-services contracts giving rise to disputes over service failures, terminations and losses.
- HealthcareHospitals, health plan operators, clinics and suppliers involved in contractual and financial disputes.
- Pharmaceuticals and Drug DistributionPharmaceutical manufacturers, distributors and retail chains involved in commercial, tax and accountability disputes.
- Entertainment, Arts and Creative EconomyProducers, artists, publishers, events and cultural projects in disputes over revenue, rights, box office and accounts.
- Games, Esports and Digital EntertainmentStudios, publishers, esports teams, tournament organizers and platforms in disputes over revenue, royalties, valuation and contracts.
Request an Analysis
Describe the technical question, the context in which it arose, and the documents available. This information lets SGEx assess the scope of the work before any proposal.