Intellectual Property Disputes

Many companies recognize their intellectual property as their most important and valuable assets. They understand that maximizing their benefits and protecting against unauthorized use is essential to long-term success. Pursuing, or defending against, misappropriation or infringement claims related to these assets has become an integral component to the continued success of a business in an ever-changing and complex market.

Hemming Morse’s partners include seasoned experts who possess deep experience in valuing complex intellectual property assets and assessing their impact on a company’s operations. In addition to helping companies understand the value of their intellectual property, our team is well versed in the unique issues related to intellectual property disputes. We possess the qualifications and expertise necessary to credibly quantify the values of claimed infringed or misappropriated intellectual property assets, whether we are working on behalf of the plaintiff or defendant.

We work cohesively with counsel and technical experts to understand the impact of the intellectual property and quantify that impact through accepted and defensible damages analyses. Our approach to collaboration early on in a dispute provides for a more comprehensive and credible damages analysis at a more efficient cost to the client.

Representative Matters

Copyright Infringement and Trade Secret Misappropriation

Copyright Infringement / Trade Secret Misappropriation
Cadence, a software firm specializing in electronic design technologies and services, brought a lawsuit against Avant! Corporation for trade secret misappropriation and copyright infringement. The subject intellectual property involved certain computer code contained in software products sold by Cadence. Hemming Morse was engaged by counsel for Cadence to assess the existence of damages suffered by the plaintiff. The lawsuit also sparked a criminal investigation by the Santa Clara County District Attorney’s Office. The Hemming Morse expert testified at trial in the criminal hearing, and the court awarded more than $180 million in restitution to the company.

Patent Infringement

Research Corporation Technologies, a technology investment and management company, filed a lawsuit against Hewlett Packard for patent infringement. The patents in the suit involved digital half-toning technology (rendering of a gray-scale laser image by HP printers). Hemming Morse was engaged by counsel for Hewlett Packard to analyze the plaintiff’s damage claim, which was in excess of $500 million. Based on an analysis of the “Georgia-Pacific factors,” our team determined a reasonable royalty rate, which was substantially lower than the rate claimed by the plaintiff’s expert. The case settled during trial on confidential terms.

Trade Secrets Misappropriation

MicroStrategy and Business Objects are competitors in the field of business intelligence software. After Business Objects hired several former employees of MicroStrategy, MicroStrategy filed suit against Business Objects for misappropriation of trade secrets. Hemming Morse was retained by counsel for Business Objects to analyze damages claimed by the plaintiff’s damages expert. The Hemming Morse expert ultimately testified at trial in the matter.

Patent Infringement

Innovention, Inc., an inventor of technology-based board games, sued MGA Entertainment, Inc. for infringing Innovention’s patent covering a chess-like board game. Hemming Morse was retained to quantify damages during the infringement and provisional rights periods.  Hemming Morse’s expert measured and testified at trial regarding Innovention’s lost profits damages during the infringement period and reasonable royalty damages during the provisional rights period.  The jury awarded Innovention $1.6 million in lost profit and reasonable royalty damages.