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Area of Practice

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.

In Summary
Disputes over trademarks, patents, copyright and licenses involving the determination of royalties, profits and indemnities.

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.

Steps in the SGEx methodology

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
Knowledge Network

Other SGEx Solutions

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Next Step

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.